On August 3, 2020, USCIS published a Final Rule which will institute adjustments to the filing fee schedule effective for all applications and petitions postmarked on or after October 2, 2020, increasing fees by a weighted average of 20%. In addition, USCIS will be introducing new versions of several forms, including the I-129. 

Unlike most government agencies, USCIS is fee-funded. As such, Federal law requires USCIS to conduct biennial fee reviews and recommend fee adjustments to ensure it has funding for the necessary infrastructure to support adjudication of applications and petitions in accordance with the nation’s immigration laws. USCIS last updated its fee structure in December 2016 (at that time increasing fees by a weighted average of 21%). PLEASE NOTE: These fee adjustments do not take into account this summer’s budget shortfall at USCIS, which is ostensibly due to COVID-19. If Congress approves the requested $1.2 billion loan to avoid furloughs at USCIS, the agency previously indicated it will institute an additional 10% fee increase in order to pay back the loan.  

Following is a list of fees (with comparison to current fee levels) for the most common applications and petitions filed by our office: 

* These applications currently require a Biometric Services fee, but will no longer require one under the new fee schedule as the fee has been folded into the general application fee.

The new Public Charge rule has been enjoined. At this time, I-485 applicants are no longer required to submit the new I-944 form and corresponding financial disclosures. In addition, I-129 petitioners and I-539 applicants no longer need to include information about receipt of public benefits on their forms. Visa applicants at U.S. Consulates abroad are also not required to submit Form DS-5540.  

More specifically, the Public Charge rule, which was implemented by the Departments of Homeland Security and State on February 24, 2020 (after a previous injunction was lifted by the Supreme Court) has once again been enjoined. On July 29, 2020, the U.S. District Court for the Southern District of New York enjoined the government from enforcing, applying, implementing, or treating as effective the USCIS Final Rule on Inadmissibility on Public Charge Grounds. In a separate order, the Court also enjoined the government from implementing, or taking any actions to enforce or apply, the 2018 FAM revisions, the DOS Interim Final Rule on Visa Ineligibility on Public Charge Grounds, or the President’s October 4, 2019 Proclamation, “Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System in Order to Protect the Availability of Healthcare Benefits for Americans.” Both injunctions apply for the duration of the COVID-19 pandemic.  

USCIS has confirmed that as long as the injunction remains in effect, it will apply the 1999 public charge guidance (in place prior to implementation of the new Public Charge Rule in February) to the adjudication of any application for adjustment of status on or after July 29, 2020. USCIS will also adjudicate applications or petitions for change or extension of nonimmigrant status on or after July 29 consistent with prior regulations (i.e. not applying the public benefit condition). The agency has further confirmed that Forms I-129/I-539 may be submitted with the Public Charge section remaining blank, and Forms I-485 can be submitted without Form I-944 and supporting documentation for the duration of the injunction.  

The Department of State has similarly confirmed that it is complying with the nationwide injunction and will be issuing updated guidance to Consular Officers. Pending this guidance, visa applications which appear to be ineligible due to public charge will be referred for administrative processing to ensure compliance with applicable court orders. Visa applicants are not required to complete or present Form DS-5540, Public Charge Questionnaire.

The Trump Administration is moving to limit the ability of Federal contractors and subcontractors to hire temporary foreign labor.

On August 3, 2020, President Trump signed Executive Order (EO) 13940, “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers.” The Order directs heads of Federal agencies to review federal contracts awarded in fiscal years 2018 and 2019 to assess the following: whether contractors (including subcontractors) used temporary foreign labor for contracts performed in the U.S. and, if so, the nature of work performed by the temporary foreign labor, and whether opportunities for U.S. workers were affected, as well as any potential effects on national security caused by such hiring; whether contractors (including subcontractors) performed services in foreign countries which were previously performed in the U.S. and, if so, whether opportunities for U.S. workers were affected by the offshoring. Agency heads are also directed to assess any negative impact of contractors’ and subcontractors’ use of temporary foreign labor or offshoring of work on the economy and efficiency of Federal procurement and on national security; and to recommend corrective action, if necessary. A report must be submitted to the Office of Management and Budget summarizing the results of the reviews, along with assessments and recommendations, within 120 days.  

The EO also directs the Secretaries of Labor and Homeland Security to take action, within 45 days, “to protect United States workers from any adverse effects on wages and working conditions caused by the employment of H-1B visa holders at job sites (including third-party job sites), including measures to ensure that all employers of H-1B visa holders, including secondary employers, adhere to the [LCA requirements].”

Sincerely, 

Rhonda Tietjen & Heidi Snyder

Partners, RSST Law Group