Judge Stops USCIS EB-5 Fee Increase_{October 2, 2020}

On September 29, 2020, Judge Jeffrey S. White of the US District Court of Northern California granted a preliminary injunction, temporarily stopping the scheduled increase to filing fees for a variety of USCIS petitions. The administrative rule, issued on August 3, 2020 (Final Rule), was to take effect on October 2, 2020, and would have increased some filing fees on EB-5 petitions by as much as 47%. The Final Rule also would have mandated, for the first time in U.S. history, a filing fee for any person seeking asylum.

In his order granting the preliminary injunction, Judge White ruled that the Final Rule was promulgated without lawful authority by the USCIS under the Homeland Security Act. Furthermore, Judge White ruled that the USCIS failed to satisfy certain procedural and substantive requirements under the Administrative Procedure Act when it promulgated and issued the Final Rule.

This matter remains pending and it is possible that the defendants in the case will appeal Judge White’s order granting the preliminary injunction to the U.S. 9th Circuit Court of Appeals. For the time being, while the fee increase is enjoined, the increased filing fees do not take effect.