As the presidential election approaches, U.S. Citizenship & Immigration Services (USCIS) has announced some potentially transformative regulatory changes. Likewise, the federal courts have also been active with litigation challenging the flurry of Trump administration actions (which are often announced without going through standard “notice and comment” rulemaking procedures). Just in recent days, we have seen USCIS announcements to increase expedited processing fees, while the agency’s request to substantially increase filing fees was temporarily halted in federal court. In addition, the administration’s H-1B and L visa ban was stopped by a federal judge in California (although that ruling appears limited to the plaintiffs in the case.)
Large Filing Fee Increases on the Way?
On Oct. 1, President Donald Trump signed a continuing resolution bill that makes significant changes to USCIS’s premium processing program. The bill imposes a 73% increase in fees for some categories and adds a week or more for case processing. On a positive note, the bill expands the visa categories that can utilize premium processing to include all employment-based visas, many dependent categories, and applications for employment authorization. While broadening the scope of premium processing is welcomed, the draconian fee increases may practically foreclose this option for many workers.
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