After a federal judge enjoined USCIS from drastically increasing their filing fees a week ago, the fee-funded agency is projecting to be in a financial deficit. However, last week Congress enacted the Continuing Appropriations Act, 2021 and Other Extensions Act to immediately require USCIS to use premium processing at $2,500 for case types it previously charged $1,440. The Act also allows USCIS to set new premium fees without going through the typical regulatory process.

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Premium processing fee increase is Congress’ solution to USCIS financial hardship.