On September 29, 2020, a district court stayed the implementation and the effective date of the August 2020 Final Rule, which changed the fee schedule and required new versions of several forms, in its entirety pending final adjudication of this matter. (ILRC et al., v. Wolf, et al., 9/29/20)

As of September 30, 2020, many of you are wondering how long the injunction will remain in effect and whether the Service will require additional fees later. Unfortunately, it is impossible to say with any certainty how long the rule will remain enjoined.

The government has up to 60 days to appeal the decision. As the decision rests on significant part on the authority of Chad Wolf, we may gain insight by looking at the government’s handling of Casa de Maryland, Inc. v. Wolf which also found his appointment unlawful on September 11, 2020.

To date, the government has not filed an appeal in that case. Another factor to consider is that the District Court of D.C. is also reviewing a challenge to the fee rule in Northwest Immigrants Rights Project v. USCIS; however, there has not yet been a ruling in that case.

For now, we are recommending using old fees for all cases until further notice.

So, please continue to use $700 for I-140 and $1,225 for I-485 (<14 have a special fee).

For H-1Bs, $460+applicable additional fees.