A US district court has rejected a request for a “temporary restraining order” to postpone immigration fee hikes set to take effect from April 1. The decision means that applicants, including American employers, will now have to bear the increased visa and immigration fees, as litigation surrounding the fee hikes continues.
The lawsuit, filed by ITServe Alliance, the American Immigrant Investor Alliance (AIIA), and a Canadian EB-5 investor, challenges the substantial hikes in EB-5 visa fees and the introduction of an “arbitrary” asylum fee for employers hiring H-1B workers. While the request for a temporary order was denied, the court’s ruling does not impact the ongoing litigation, which is expected to proceed.
US Citizenship and Immigration Services (USCIS) has confirmed that all applications submitted on or after April 1 must include the updated fee amounts to be accepted. The visa fee for certain applications has increased by 70%, with employers sponsoring H-1B workers now required to pay a new Asylum Program fee of $600 during the initial application process and while sponsoring employment-based green card applicants.
Matthew T. Galati, one of the attorneys representing the lawsuit, expressed disappointment at the temporary order denial but highlighted that the court has left open crucial arguments challenging the legality of the fee rule. Galati emphasized the importance of holding USCIS accountable in adhering to congressional mandates.
Despite the setback in obtaining a temporary restraining order, plaintiffs remain optimistic about their chances in the ongoing litigation. The lawsuit raises concerns about the financial burden imposed by the fee hikes and seeks to ensure compliance with legal standards governing immigration fees.
Sources By Agencies
