U.S. Immigration Update: Week of March 25, 2024
Industry Group Files Lawsuit to Challenge USCIS Final Fee Rule
On March 19, 2024, a complaint was filed in U.S. District Court that challenges the USCIS Final Fee Rule which is set to take effect on April 01, 2024.
The plaintiffs charge that the rule violates the Administrative Procedure Act because it was promulgated without ‘adequate notice and comment.’
They further charge that the USCIS established Asylum Program Fee arbitrarily and in excess of its statutory authority.
Lastly, the plaintiffs charge that the EB-5 program’s doubling of immigrant investor fees is in violation of the EB-5 Reform and Integrity Act of 2022.
The final fee rule will go into effect on April 01, 2024, unless the judge grants a preliminary injunction.
The complaint text can be accessed at: https://dgix0ebbaxq7j.cloudfront.net/wp-content/uploads/1-Filed-Complaint_Moody-v.-Mayorkas-DCO-1.pdf
SOURCE: Stuart Anderson, Forbes, March 20, 2024: https://www.forbes.com/sites/stuartanderson/2024/03/20/immigration-lawsuit-filed-to-block-uscis-fee-rule/?sh=1b983c6a7449