Judge Blocks USCIS Fee Increases

New fees and form versions and other changes associated with the I-765 final fee rule that were to be effective on October 2, 2020 and described below are now on hold.

As of September 29, 2020:

On September 29, 2020, the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction and stay on implementation of the 2020 final USCIS fee rule in its entirety. New fees and form versions associated with that rule that were to be required on October 2, 2020, as well as all other aspects of the rule, are now on hold. Read the court's order.

Background

USCIS published a final fee rule on August 3, 2020 that was to become effective 60 days later, on October 2, 2020. The rule specified: "Any application, petition, or request postmarked on or after this date must be accompanied with the fees established by this final rule." The rule also made changes to Form I-765, Form I-129, premium processing, and other fee processing changes.

However, on September 29, 2020, the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction and stay on implementation of the 2020 final USCIS fee rule.

What this means for you:

As of 9/30/2020, if you are applying for OPT or OPT STEM Extension:

  • The OPT filing fee remains $410.
  • The 8/25/2020 edition of the Form I-765 should be used.