Wednesday, August 26, 2020

USCIS FINDS MONEY. NO FURLOUGHS IN FY 2020.

USCIS announced that it will not have to furlough 13,000 employees, which is about two-thirds its workforce.  The furloughs were set to begin on August 30, 2020.  The agency cited, “unprecedented spending cuts and a steady increase in daily incoming revenue and receipts,” as the reason for the recession of the furloughs.  USCIS first expected the furloughs to begin earlier in the summer.  Those were postponed until August 30.  They have now been further averted.

USCIS Deputy Director for Policy Joseph Edlow warned, “averting this furlough comes at a severe operational cost that will increase backlogs and wait times across the board, with no guarantee we can avoid future furloughs. A return to normal operating procedures requires congressional intervention to sustain the agency through fiscal year 2021.”

Tuesday, August 4, 2020

DISTRICT COURT STOPS NEW PUBLIC CHARGE RULE

On July 29, 2020, a District Court Judge in New York stopped the USCIS and DOS from enforcing, applying, implementing, or treating as effective the new public charge rule during the national health emergency declared by President Trump due to Covid-19.  

On July 31, 2020 USCIS announced that in response to this ruling USCIS will not consider any information or documentation provided with the I-944 on applications filed after July 29, 2020.  In addition, the USCIS will not review information provided with respect to public benefits on the I-485, I-129, or I-539 filed after July 29, 2020.  

Applications for green cards postmarked after July 29, 2020 should not include the I-944 or provide information about the receipt of public benefits on the I-485, I-129, or I-539.  

To date, the DOS has not provided guidance on how it will comply with the ruling.  

Monday, August 3, 2020

USCIS PUBLISHES FILING FEE INCREASE

On July 31, 2020, the USCIS published a rule that will increase or decrease USCIS filing fees.   The new fees for most business immigration filings are in the table, below.  You can find a full list of new fees here. The new fees go into effect October 2, 2020. 

Form

Current Fee

New Fee

Change

I-129

$460

$460

+$0

I-130

$535

$560

+$25

I-140

$700

$555

-$145

I-485

$1225

$1160

-$65

I-539

$370

$400

+$30

I-765

$410

$550

+$140

USCIS last raised their fees in 2016.  USCIS fees basically pay for the entire USCIS budget.  Very little of the USCIS’s budget comes from federal tax dollars.

USCIS’s budget has recently received news coverage, as the USCIS has indicated they are planning to furlough 13,000 workers due to a budget shortfall.  The USCIS has requested $1.2 billion in emergency funding from Congress.