USCIS News: Filing Fee Rule and Premium Processing

USCIS News: Filing Fee Rule and Premium Processing

EB-5, EB-5 Visa, EB-5 Investment

USCIS news: A fee rule to increase filing fees affecting numerous immigration categories was set to go into effect on October 2, but was enjoined by a federal judge, preventing it from going into effect.

In a statement from U.S. Citizenship and Immigration Services Deputy Director of Policy Joseph Edlow:

“This unfortunate decision leaves USCIS underfunded by millions of dollars each business day the fee rule is enjoined. Unlike most government agencies, USCIS is fee funded. As required by federal law, USCIS conducted a comprehensive biennial fee review and determined that current fees do not recover the cost of providing adjudication and naturalization services. This is nothing new or abnormal. In fact, the fee rule is two years behind schedule, and is a smaller percentage increase than the previous. In a fee-funded agency such as USCIS, this increase is necessary to continue operations in any long-term, meaningful way to ensure cost recovery. This decision barring USCIS from enacting its mandatory fee increase is unprecedented and harmful to the American people.”

While, USCIS cannot go forward with this fee increase, they are now required, under the new Continuing Appropriations Act, 2021 and Other Extensions Act (H.R. 8337), which went into effect September 30, 2020, to implement increased premium processing fees for certain case types.

It also gives USCIS the ability to set new premium fees for other immigration benefit types, but it’s too early to know if this is something USCIS would pursue. EB-5 is one of the case types not included.



  • New York

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