A refund of approximately $80 million in work permit application fees is being requested by a group of Ukrainian nationals. The group asks the U.S. Court of Federal Claims to order U.S. Citizenship and Immigration Services (USCIS) to provide the refunds. Fees for work permits for Ukrainian nationals coming to the U.S. are not required, per a previous policy. USCIS no longer asks Ukrainian nationals to pay the $410 application fee for the employment authorization document. However, the group claims that USCIS has refused to reimburse them for the work permit. The group represents a class of up to tens of thousands of Ukrainians who paid for the permit prior to November 21, 2022.
A previous lawsuit was filed in Illinois federal court stating Congress allowed for automatic work authorization in May 2022 with the passing of the Ukraine Refugee Act. Per the Act, the group states that Ukrainian parolees are eligible for refugee benefits, including immediate work eligibility. Further, refugees with immediate employment authorization are not required to pay the application fee solely to receive the physical work permit.
USCIS responded to the lawsuit stating they would no longer collect the work permit fees from Ukrainians. Subsequently, USCIS and the group of Ukrainian nationals were able to resolve most of their legal issues. However, that agreement did not address reimbursement.
If you have questions about filing fees or any other immigration-related issue, please contact us. We actively monitor ongoing policies to ensure our clients get the proper guidance.