To Pay or Not to Pay? With each filing fee payment to USCIS, there is a tinge of a grey area. Do we pay the old fee or the new fee? Here’s the recent history. On July 31, 2020, the Department of Homeland Security announced a final rule increasing fees for many immigration benefits. See our previous posting for more details. The increases were troubling for attorneys, employers, and foreign nationals alike, with a 51% increase for E and TN petitions, 53% for O petitions, 75% for L petitions, and a staggering 83% for Applications for Naturalization. However, two months later on September 29, 2020, shortly before the new fees would take effect, the Northern District of California enjoined the Department of Homeland Security, USCIS, and related officials from implementing any portion of the final rule, including the fee increases, new forms for H, L, O, E, TN, P, Q, R petitions, applications for employment authorization, and fee waiver requests. While the new fees and forms are not required at this time, this injunction and its lifespan are surrounded with uncertainty. For that reason, we will continue to ask clients to provide us with the increased fees and will analyze the proper fee at the time of filing. Of course we will refund to you the overpayment, if any!