As per USCIS announcement dated October 16, 2020, it will be increasing premium processing fees, pursuant to the Continuing Appropriations Act (H.R. 8337), which was signed into law on October 01, 2020. Though the Continuing Appropriations Act (H.R. 8337), increased the existing premium processing fees and expanded the premium processing service to the other form types as well, but USCIS failed not expand the premium processing service to the other categories in October 16, 2020 announcement.
The Pub. L. No. 116-159 increases the fee for all the petitioners from the current $1,440 to $2,500, except those requesting H-2B or R-1 nonimmigrant status. The premium processing fee for petitioners requesting H-2B or R-1 nonimmigrant status is increasing from $1,440 to $1,500.
Also, any Form I-907 postmarked on or after October 19, 2020 must include the new fee amount. If USCIS receives a Form I-907 postmarked on or after Oct. 19 with the incorrect filing fee, USCIS will reject the Form I-907 and return the filing fee. In addition, for the filings sent by commercial courier (such as UPS, FedEx and DHL), the postmark date is the date reflected on the courier receipt. Furthermore, USCIS is not yet expanding the premium processing service to other form types pursuant to the Continuing Appropriations Act (H.R. 8337).
Please note, we have published a blog on the expansion of the premium processing service by USCIS, on our website on October 12, 2020 https://www.ahluwalialaw.com/new-law-expands-uscis-premium-processing-service/.
The way the announcement for increasing the premium processing fees was made on Friday evening, it raises a number of questions on the intent of USCIS. It remains to be seen if this overnight increase of the premium processing fees is challenged in the Court of Law, and if so, whether this announcement will hold its ground. We will regularly update the blog as soon as any new information is available.
Disclaimer
This article aims to provide new information concerning changes to the premium processing service offered by the USCIS. This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).
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