As previously reported by TOI, the basic application fee for a H-1B It was established that the visa would increase to $ 555 from the existing $ 460, an increase of almost 21%. Base filing fees for L-1 visas (used for intra-company transfers) increased significantly by 75% to $ 805. Spouses of H-1B workers (with an H-4 dependent visa) would have had to shelling out $ 550 to get a work permit, this is a 34% increase. Fees for applying for citizenship were proposed to increase dramatically by 83% from $ 640 to $ 1,170. An unprecedented $ 50 asylum application fee was also introduced.
Eight non-profit organizations, including the Immigrant Legal Resource Center, which provide a variety of immigration-related services to low-income applicants, had moved into court. They had contested all rate increases on the grounds that these rates were proposed and issued by officials who were not properly appointed to their positions, and therefore the rate increase rules were illegal. The officials concerned are Chad wolf who is the acting secretary of the United States Department of Homeland Security (DHS) and Kevin McAleenan, former acting secretary.
The lawsuit also argued that fee increases, such as the citizenship application fee and asylum fees, harm the most vulnerable in society.
Rajiv S Khanna, managing attorney for Arlington-based Immigraiton.com, told TOI: “The court found two reasons to stop the rate hike. The first was the legally inappropriate appointment of high-level government officials who made the decision to increase the rate. Second, was the inability of the government to explain the need for the rate increase. Despite the government’s efforts to locate the impact of the ruling, the court has, for the time being, imposed a nationwide suspension on the rate hike. ”
Existing rates will continue for now. In this context, Khanna adds: “The government can, of course, enforce its appeal rights and further reconsider the court’s decisions, but barring some dramatic new evidence, it is unlikely to change the court’s opinion. The suspension is not likely to be lifted until final judgment, which, in due course, could take many months. ”
“Two conclusions are inescapable of this decision: that the Triumph the administration wishes to prevent legal immigration to an extent that the law does not allow; and that the institutions of the United States, despite the great tension, continue to function. The immigrant population is encouraged by the fact that the courts are still effective in stopping the invasion of the rule of law, ”he said.
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