Class Action Challenges Mandatory Electronic Filing
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Questions regarding whether LexisNexis Courtlink is licensed to do business in Georgia and the location of its registered agent prompted attorney Steven J. Newton to amend his complaint against the company and Fulton County State and Superior Court officials. Newton filed the federal class-action in June, claiming LexisNexis Courtlink and the court officials are running an illegal, mandatory, electronic filing system.
Newton contends that filings in Fulton County State and Superior Courts, filed through the LexisNexis File & Serve system, can cost up to $11 per filing in cases for which electronic filing is mandated by orders from Fulton County State and Superior Courts, and authorized by the Fulton County Board of Commissioners.
Shortly after filing the complaint in June, Newton said he realized the location of the registered agent of LexisNexis Courtlink had changed since he filed the original lawsuit in December 2007.
Newton withdrew his original lawsuit in March. He said that defendants' attorneys told him that LexisNexis Courtlink no longer existed in Georgia. After checking the Secretary of State Web site, Newton said, he saw that LexisNexis Courtlink had filed a certificate of withdrawal on Jan. 15, and was no longer licensed to do business in Georgia.
But Newton said the company continues to do business in Georgia, as he still receives invoices from it, and the company recently conducted training sessions in Atlanta. So, Newton said, he amended the first complaint to state that LexisNexis Courtlink can be served at the Atlanta address where it held training, or in Newton, Mass.
Attorneys for the defendants have requested more time to respond to the amended complaint. Newton said no additional time should be granted.
"It's pretty much the same complaint I filed (months ago,)" he said.
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USCIS Adjusting Premium Processing Fee
U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.
The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.
“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”
Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.