USCIS responds to injunction on fee regulation

U.S. Citizenship and Immigration Services (USCIS) posted guidance today on its website in response to a court order on Tuesday that blocked the agency from implementing a fee regulation. The regulation would increase filing fees and introduce revised forms, and was scheduled to take effect tomorrow.

Key points:

• While the injunction is in place, USCIS will accept fees under the current rate schedule and forms with the current editions.
• The agency will adjudicate petitions and applications using regulations and guidance currently in place.

Background: USCIS issued the fee regulation in August, and a lawsuit was filed the same month challenging the regulation. On Tuesday, a judge issued a nationwide preliminary injunction blocking USCIS from implementing the regulation while litigation continues.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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