Immigration got a lot harder in 2026. Three major changes are causing serious delays and headaches for immigrants nationwide. USCIS hit the H-2B visa cap for fiscal year 2026, rolled out a new $102 Annual Asylum Fee, and started enhanced FBI background checks that are slowing down thousands of cases.
What’s Actually Happening
USCIS reached the H-2B visa cap for the second half of fiscal year 2026 on March 10, 2026, with enough petitions received to fill the additional 27,736 H-2B visas available for employment start dates from April 1 to April 30, 2026. The H-2B program lets U.S. employers — mostly hotels, restaurants, and landscaping companies — hire foreign workers for temporary seasonal jobs when they can’t find enough American workers.
At the same time, DHS created a new $102 Annual Asylum Fee that asylum seekers must pay within 30 days of getting notified — miss that deadline and USCIS will reject your pending application. If they reject your asylum case for non-payment, any work permit applications get denied too, and people who already have work authorization lose it immediately.
Perhaps most significantly, USCIS implemented enhanced security vetting processes on April 27, 2026, requiring expanded FBI background checks for all fingerprint-based immigration applications. Immigration applications for which fingerprints were collected before April 27, 2026 are being paused so USCIS officers can re-submit fingerprints to the new vetting system, with adjustment of status, naturalization and asylum applications among the most commonly affected case types.
How This Affects Seasonal Employers and Workers
USCIS will reject new cap-subject H-2B petitions received after March 10, 2026, that request employment start dates on or after April 1 and before October 1, 2026. This creates significant challenges for seasonal employers who rely on H-2B workers for their peak business periods.
However, supplemental H-2B visas remain available through specific allocations. 18,490 visas are available for employers with late-season needs for H-2B workers who will begin work between May 1 and September 30, 2026, and these visas do not require the alien to be a returning worker. Employers seeking these supplemental visas must demonstrate that they are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition.
How This Affects Asylum Seekers and Employment Authorization
The new asylum fee requirements have created unprecedented financial barriers for asylum seekers. Anyone with a pending Form I-589 must pay the Annual Asylum Fee regardless of nationality, income, or whether the case is still within the one-year filing window, with very limited exemptions. Critics call the move “deportation by invoice,” warning that low-income asylum seekers may miss a notice due to language barriers or frequent address changes, while DHS counters that the fee will fund adjudicative resources and discourage frivolous claims.
For pending immigration cases, the enhanced FBI background checks are causing significant delays. If you have a pending green card or naturalization application, USCIS must resubmit fingerprint-based screenings for any pending case where FBI data was received before April 27, 2026, and hold approval on any case that has not yet completed the enhanced screening. Green card applicants on Form I-485 face a direct halt in finalization because the resubmitted fingerprints block approval until the FBI response returns, with refugees and asylees appearing to be the most exposed group.
What You Should Do Now
If you’re affected by any of these changes, taking immediate action is crucial:
For H-2B Employers: Contact our immigration services team to explore supplemental visa options and understand filing deadlines. Employers seeking workers for start dates from May 1 through September 30, 2026 must file petitions no later than September 15, 2026.
For Asylum Applicants: Confirm USCIS has your current mailing address using Form AR-11, budget for the AAF, and monitor both physical mail and your USCIS online accounts daily. Do not ignore any notices from USCIS regarding fee payments.
For Pending Green Card and Naturalization Cases: Do not wait to seek legal counsel, as the expanded FBI database access means USCIS may now be seeing information it did not previously have access to, and an immigration attorney can review your background and help you understand whether the enhanced checks create any risk for your case.
For Employment Authorization: Monitor your case status online as no approvals will proceed until enhanced screenings are finalized, and take action if your work authorization may expire during the delay, as no grace periods were noted.
Why Choose Tez Law P.C.
At Tez Law P.C., our experienced immigration team led by Managing Attorney JJ Zhang (California Bar #326666) understands the complexities of these rapidly changing immigration requirements. We provide comprehensive legal support across all immigration matters, from H-2B visa applications to asylum cases and green card applications nationwide.
Our firm stays current with the latest USCIS policy changes and has successfully helped thousands of clients navigate complex immigration challenges. Whether you’re a seasonal employer facing H-2B cap issues, an asylum seeker dealing with new fee requirements, or an applicant experiencing delays due to enhanced background checks, we have the experience and resources to protect your interests.
We handle immigration cases across the entire United States and offer personalized strategies tailored to your specific situation. Our team also provides comprehensive legal services including personal injury attorney services for clients who may need additional legal support.
Frequently Asked Questions
Can I still get H-2B workers for my business after the cap was reached?
Yes, supplemental H-2B visas are still available for specific timeframes. 18,490 visas remain for workers starting between May 1 and September 30, 2026, and these don’t require the worker to be a returning H-2B employee. You must demonstrate irreparable harm and file by September 15, 2026.
What happens if I can’t pay the Annual Asylum Fee?
USCIS will reject your pending asylum application if you don’t pay the $102 Annual Asylum Fee within 30 days of receiving notice. This also means immediate loss of work authorization and potential referral to removal proceedings if you don’t have other lawful status. Limited exemptions may apply, so consult with an attorney immediately.
How long will the enhanced FBI background check delays last?
While USCIS states the delays “should be brief and resolved shortly,” there’s no specific timeframe given. The delays affect any case where fingerprints were submitted before April 27, 2026, including green card applications, naturalization cases, and asylum applications. The actual length depends on FBI processing capacity.
Don’t let immigration delays and new requirements derail your American dream. The immigration landscape in 2026 requires experienced legal guidance more than ever. Contact Tez Law P.C. today for a free consultation and let our skilled team help you navigate these complex changes. We’re here to protect your rights and achieve your immigration goals, no matter how challenging the current environment becomes.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact Tez Law P.C. at 626-678-8677 or [email protected] for advice specific to your situation. Results may vary.