The U.S. District Court for the Northern District of California has issued a nationwide preliminary injunction that prevents U.S. Citizenship and Immigration Services (USCIS) from implementing fee increases and new forms, which were originally planned to go into effect on October 2, 2020. USCIS has acknowledged the injunction but its webpage for the Form I-129 does not yet reflect this news, nor have the new Form I-129O and I-129MISC been released yet. For now, when filing for O and P guest artists and continue to file with the $460 filing fee. CFM petitioners are monitoring the USCIS website for the very latest information and version of forms before completing and submitting a visa petition.
In other USCIS fee news, the signed legislation that ensures the U.S. government is funded through December 11, 2020 included a section that authorizes USCIS to increase and expand the Premium Processing Service (PPS) fees for certain immigration-related applications. In most cases, the current $1,440 fee for Premium Processing is now authorized to increase to $2,500 and the O and P guest artist visas would fall into this category. The bill also authorizes the Secretary of Homeland Security to establish and collect a premium fee for “any other immigration benefit type that the Secretary deems appropriate for premium processing,” and premium fees may be adjusted every two years.
The bill directs the Secretary to “develop and implement processes to ensure that the availability of premium processing, or its expansion to additional immigration benefit requests, does not result in an increase in processing times for immigration benefit requests not designated for premium processing or an increase in regular processing of immigration benefit requests so designated.” However, it has long been the experience of arts petitioners that unexpected and lengthy processing delays of regularly filed petitions will necessitate upgrading to PPS.
It’s not yet known when a new PPS fee might go into effect and whether legal challenges may be filed to prevent their implementation. Until USCIS details its plans for increasing PPS fees, petitioners should continue to file the Form I-907 with the current fee of $1,440.
If you have recently submitted a P2 with the new fee – please email Jill Leger & Kaitlyn Vleming – firstname.lastname@example.org & email@example.com (or call Jill in the office Friday, October 2; Kaitlyn on Monday, October 5).
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