A new lawsuit seeks to stop USCIS fee increases scheduled to go into effect April 1, 2024.
U.S. Citizenship and Immigration Services (USCIS) recently announced substantial fee increases covering a wide range of petitions and applications seeking US visa benefits in a Final Rule issued on January 31, 2024. In a number of cases, USCIS fee increases exceeded 100% of the fees currently in effect. These USCIS fee increases are set to go into effect on April 1, 2024.
What are the allegations that could stop the USCIS fee increases from going into effect April 1?
On March 19, 2024, plaintiffs comprising an individual EB-5 investor, a non-profit organization that advocates on behalf of EB-5 investors, and an IT company filed a lawsuit against USCIS in the U.S. District Court for the District of Colorado.
Let’s break down the allegations made in the complaint:
The plaintiffs are seeking both preliminary and permanent injunctions on the Final Rule. A preliminary injunction would temporarily halt the enforcement of the rule while the case is being litigated, while a permanent injunction would permanently block its implementation.
When will a decision be made regarding this lawsuit’s impact on the USCIS fee increases?
The District Court should issue a decision prior to the effective date of the Final Rule on April 1.
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