No Updates on Proposed H-4 EAD Rescission Rule and USCIS Fee Schedule Increase

There have been no new updates on the U.S. Citizenship and Immigration Services (“USCIS”)’s proposal to rescind the H-4 EAD program. The proposed rule continues to be part of the Fall 2019 Regulatory Agenda with a notice of proposed rulemaking (NPRM) date of March 2020. The USCIS submitted a draft rule to the Office of Management and Budget (OMB) on February 20, 2019, however the content of the rule has yet to be published. We will provide an update as soon as the proposed rule is published in the Federal Register, or additional information becomes available.

The notice and comment period for the USCIS’ proposed rule that will increase its fee schedule for immigration benefit requests ended on February 10, 2020. There are no updates on the status of the proposed rule, and it is still before the OMB. If the proposed rule becomes final, the fee schedule for certain immigration and naturalization benefit request fees will be adjusted by a weighted average increase of 21%. In addition, the DHS plans to change certain requirements for applications, including changing premium processing from 15 calendar days to 15 business days and establishing different fees and different I-129 petition forms for nonimmigrant categories including H, L, TN, E and O. We will provide an update as soon as information becomes available.

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