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On July 21, 2026, a federal district court issued an emergency stay blocking some of the most damaging USCIS policies tied to the One Big Beautiful Bill Act (OBBBA). For thousands of immigrants, that ruling meant the difference between keeping their work authorization and losing it — between having their asylum case heard and facing removal. If you hold Temporary Protected Status (TPS), have a pending asylum application, or are working through an adjustment of status, this is urgent news. The window to act may be narrow. Contact Tez Law P.C. for a free consultation — our team is ready to help.
Background: What Happened and What It Means
The One Big Beautiful Bill Act (H.R. 1, P.L. 119-21) was signed into law by President Trump on July 4, 2025. It overhauled the U.S. immigration system in sweeping ways — more enforcement funding, new fees, and major procedural changes. The most controversial provisions? A new annual asylum application fee, steep increases to TPS and work authorization fees, and shorter employment authorization periods. No traditional fee waivers.
DHS didn’t waste time. An April 2026 Interim Final Rule (IFR), effective May 29, 2026, locked in the new asylum fees, a new Form I-94 fee requirement, restricted validity periods on certain employment authorization, and mandatory filing fees for every Form I-589 submission. Here’s what that meant in practice: miss the Annual Asylum Fee (AAF) payment within 30 days of notification, and USCIS would reject your pending asylum application. And if you didn’t have legal status? Removal proceedings. Just like that.
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Then, on July 21, 2026, the courts stepped in. U.S. District Judge Nathaniel Gorton of the District of Massachusetts granted an emergency administrative stay in Venezuelan Association of Massachusetts, et al. v. United States Citizenship and Immigration Services (No. 26-cv-13038-NMG), granting in part plaintiffs’ emergency motion to block certain USCIS policies based on H.R. 1. USCIS has confirmed it will comply with the court’s order pending further judicial proceedings.
The lawsuit was brought by the Venezuelan Association of Massachusetts, the National TPS Alliance, the Asylum Seeker Advocacy Project (ASAP), the Service Employees International Union (SEIU), and 32BJ SEIU. The plaintiffs argued that USCIS introduced new barriers for asylum seekers and TPS holders without adequate notice or due process, and that the policies were adopted without required public notice-and-comment rulemaking in violation of the Administrative Procedure Act — and that they exceed the agency’s statutory authority.
Four Key USCIS Policies Now Blocked — What the Court Paused
According to USCIS and court filings, the July 21, 2026 administrative stay blocks four specific USCIS enforcement actions:
- Retroactive TPS Employment Authorization Document (EAD) Expiration: The court halted the application of H.R. 1 provisions that retroactively shortened TPS-based EAD validity periods to one year. TPS-based EADs that had previously received extensions will maintain their prior expiration dates while litigation continues.
- Rejection of Asylum Applications for Nonpayment of the Annual Asylum Fee: USCIS cannot reject a pending Form I-589 asylum application solely because the applicant failed to pay the new annual asylum application fee.
- Termination of Work Authorization Based on Fee Nonpayment: USCIS cannot terminate an applicant’s employment authorization as a consequence of failing to pay the Annual Asylum Fee.
- Initiation of Removal Proceedings for Fee Nonpayment: USCIS cannot initiate removal proceedings solely because an asylum applicant failed to pay the annual fee.
Important caveat: The court’s order does not stop USCIS from collecting the Annual Asylum Fee (AAF). Fee collection continues uninterrupted. The stay only blocks the enforcement consequences of nonpayment. Additionally, the stay does not affect the separate TPS terminations for Haitian and Syrian nationals that the U.S. Supreme Court allowed to proceed in June 2026 in a 6-3 decision — those terminations arise from a different line of litigation.
The administrative stay will remain in effect until the court rules on the plaintiffs’ pending motion for a stay under the Administrative Procedure Act, which the court indicated it will do no later than August 5, 2026. That ruling could convert this temporary stay into longer-term relief — or remove the protection entirely.
How This Affects TPS Holders, Asylum Applicants, and Green Card Seekers
This ruling has immediate and real-world consequences for hundreds of thousands of immigrants across the United States — and especially in California, home to the largest immigrant population in the country.
Temporary Protected Status (TPS) Holders
The retroactive EAD cuts were set to hit TPS beneficiaries from El Salvador, Sudan, and Ukraine beginning July 22, 2026. The court’s emergency stay means these individuals retain valid work authorization on their prior (pre-OBBBA) expiration dates. Federal courts have also separately blocked or postponed TPS terminations for nationals of Burma (Myanmar), Ethiopia, Somalia, South Sudan, Syria, and Yemen in recent months. Employers holding Form I-9s for employees with TPS-based EADs should use the prior expiration dates and consult immigration counsel before taking any adverse employment action.
Pending Asylum Applicants
If you have a pending Form I-589 asylum application, the new annual $100 asylum fee still technically applies — but USCIS is currently blocked from rejecting your application, ending your work authorization, or initiating removal proceedings if you haven’t paid. However, this protection is temporary. You should still pay the Annual Asylum Fee as directed if you receive notification, and consult an attorney immediately about your obligations and deadlines.
Green Card Applicants and Adjustment of Status
While the July 21 stay focuses primarily on TPS and asylum policies, the broader OBBBA has dramatically increased fees across the entire immigration system. The lawful permanent resident (green card) application fee has risen to a minimum of $1,500 (up from $1,140), and these fees are characterized as minimums — meaning USCIS can charge more, and annual inflation adjustments apply. Fee waivers that once existed for financial hardship have been eliminated across many categories. If you are in the adjustment of status pipeline, working with a knowledgeable immigration attorney to ensure you are paying the correct fees — and not overpaying or underpaying — is critical.
The Bigger Enforcement Picture
Even as the courts slow portions of OBBBA’s implementation, the law’s unprecedented enforcement funding remains in effect. The OBBBA directs massive funding — including more than $75 billion in supplemental resources over four years — toward ICE interior enforcement operations, allowing for a dramatic expansion of immigration detention and deportation operations. For immigrants in California and across the U.S., this means the risk of enforcement encounters remains significantly elevated regardless of the court stay.
What You Should Do Right Now
The window between now and the court’s August 5, 2026 ruling is critical. Do not wait. Here are concrete steps to protect yourself:
- Verify your EAD expiration date immediately. If you hold a TPS-based EAD, confirm whether your document was set for a shortened expiration under OBBBA and whether the court stay restores your original date. Bring your EAD and any USCIS notices to an attorney.
- Do not ignore asylum fee notices. Even though consequences of nonpayment are currently stayed, the fee collection itself continues. Pay the Annual Asylum Fee if you receive a notification to do so, and keep records of payment.
- Check your I-589 case status. Log into your USCIS online account or contact your attorney to confirm your asylum case is still active and has not been inadvertently flagged for rejection under OBBBA policies implemented before the stay.
- Review your green card application fees. OBBBA increased fees across nearly every immigration benefit category and eliminated most fee waivers. If you are filing any petition or application, confirm the current required fee amount before submitting.
- Monitor the August 5, 2026 court deadline. The administrative stay is provisional — the most temporary form of court relief available. A hearing is imminent. Consult an immigration attorney now to understand how the next ruling could affect your case.
- Document everything. Keep copies of all USCIS correspondence, fee receipts, EAD documents, and court notices in a safe place. These records will be critical if you need to demonstrate compliance or contest an adverse action.
Our immigration services team at Tez Law P.C. is monitoring this litigation in real time and advising clients across the United States on how to respond to these rapidly changing rules.
Why Choose Tez Law P.C. for Your Immigration Case
Tez Law P.C., led by Managing Attorney JJ Zhang (California Bar #326666), is a modern, client-focused law firm handling immigration cases for individuals, families, and employers across the entire United States. When federal courts issue emergency rulings and USCIS policies flip overnight, you need an attorney who is reading these decisions in real time — not reacting weeks later.
At Tez Law, we combine deep immigration law expertise with a practical, solutions-driven approach. Whether you are a TPS holder whose work authorization is in question, an asylum applicant navigating new fee obligations, or a family pursuing a green card through adjustment of status, our team is here to guide you through the complexity with clarity and urgency. We handle immigration services across all major categories — family-based immigration, employment visas, asylum, TPS, adjustment of status, naturalization, and removal defense.
We also understand that immigration challenges don’t exist in a vacuum. Many of our clients face intersecting legal issues — from workplace discrimination to personal safety concerns. Our broader practice includes personal injury representation, ensuring that if your rights are violated in any context, we are equipped to help.
Don’t wait for the next court ruling to find out where you stand. Schedule your free consultation today.
Frequently Asked Questions
Does the July 21, 2026 court stay mean I don’t have to pay the Annual Asylum Fee (AAF)?
No. The court’s administrative stay does not stop USCIS from collecting the Annual Asylum Fee. Fee collection is ongoing. What the stay blocks are the consequences of nonpayment — specifically, USCIS cannot currently reject your asylum application, terminate your work authorization, or initiate removal proceedings solely because you haven’t paid the AAF. However, this stay is temporary and is set to be reviewed no later than August 5, 2026. You should still pay the fee as directed when notified, and consult with an immigration attorney about your specific situation.
My TPS-based EAD was going to expire on July 22, 2026 under the new OBBBA rules. Is it still valid?
Yes — for now. The July 21, 2026 administrative stay blocks USCIS from applying the One Big Beautiful Bill Act’s provisions that retroactively shortened TPS-based EAD validity periods. As a result, TPS-based EADs that had previously received extensions will maintain their prior (pre-OBBBA) expiration dates while the litigation is pending. The court will rule on whether to extend this protection by August 5, 2026. Employers should not take adverse action based solely on the July 22 cutoff date. Both employees and employers should verify EAD expiration dates with qualified immigration counsel before making any employment decisions.
How does the One Big Beautiful Bill Act affect my green card (adjustment of status) application?
The OBBBA significantly increased USCIS filing fees across nearly every immigration benefit category. For example, the lawful permanent resident application fee has increased to a minimum of $1,500, and fee waivers for financial hardship have been eliminated in many categories. These fees are legally characterized as minimums, meaning USCIS may charge more, and they are subject to annual inflation adjustments. While the July 21, 2026 court stay does not directly address green card fees, the overall fee environment is far more expensive and less flexible than it was before July 2025. If you have a pending adjustment of status application or are preparing to file one, speak with an immigration attorney at Tez Law P.C. to confirm current fee requirements and ensure your filing is complete and properly paid.
The immigration legal landscape in 2026 is moving faster than at any point in modern U.S. history. Between the One Big Beautiful Bill Act’s sweeping changes, ongoing federal court challenges, and a critical August 5, 2026 hearing that could determine the fate of TPS and asylum protections for thousands, the margin for error is zero. Whether you are in California or anywhere across the United States, Tez Law P.C. is ready to fight for your immigration rights. Contact us today for a free consultation — because when the rules change overnight, you need an attorney who already knows what happened.
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.