Big week in immigration law. Starting October 16, 2026, USCIS fee increases kick in for asylum, work permits, parole, and TPS filings. Same week, a federal judge in California blocked the Trump administration’s $100,000 H-1B fee — for the second time. And the Supreme Court just agreed to review a major case on immigrant detention without bond. That’s a lot happening at once. If you’re an asylum seeker, a work permit applicant, an H-1B employer or worker, or someone facing removal proceedings, this affects you. Keep reading — then get an immigration attorney on your specific situation. Don’t guess on this stuff.
Background: What This Means
Three things are moving right now, and they’re reshaping how immigration cases get handled across the country.
1. USCIS fee increases, effective October 16, 2026. (cite index=”2-4″>USCIS will increase select immigration-related fees effective October 16, 2026, including asylum, parole, employment authorization and Temporary Protected Status (TPS) filing fees, as part of the FY 2027 inflation adjustment. Why now? (cite index=”7-8″>The new amounts result from a 3.36% increase in the Consumer Price Index for All Urban Consumers between July 2025 and July 2026, followed by statutory rounding rules. (cite index=”7-14,7-15″>The largest increase is the immigration parole fee, which rises by $30. Initial employment authorization applications in the listed asylum, parole, and TPS categories increase by $10. That’s not the whole story, though. A separate — and much bigger — fee change is coming for EB-5 investors. (cite index=”5-5,5-8″>This change covers inflation and affects several key forms, including those for asylum, work permits, and the EB-5 investor program, which has a separate fee increase taking effect November 30, 2026. The biggest jump hits EB-5 investors: filing Form I-526E will more than double to $7,850 starting November 30. Here’s the part people miss: timing is everything. (cite index=”2-9,2-10″>Applicants filing affected forms on or after October 16, 2026, must submit the new fee amounts, and USCIS will reject filings that are postmarked on or after that date if the required inflation-adjusted fee is not included. File with the wrong fee, and you’re starting over. Protect your rights — we handle the rest.
2. A second court blocks the $100,000 H-1B fee. A federal district judge in the Northern District of California has temporarily blocked the Department of Homeland Security (DHS) from enforcing the $100,000 H-1B fee. Judge Haywood Gilliam, Jr., of the Federal District Court in the Northern District of California issued a preliminary injunction that prohibits DHS from implementing the $100,000 H-1B fee ordered by presidential proclamation in late 2025. A preliminary injunction is a court order that pauses a government action while a lawsuit continues. The court determined that the plaintiffs were likely to succeed in their claims that DHS’s guidance on implementation of the fee was arbitrary and capricious and that the agency failed to engage in proper notice-and-comment rulemaking in violation of the Administrative Procedure Act. The ruling is the second to prohibit DHS from collecting the fee while court challenges proceed, following a similar court order issued in June and upheld on appeal in July. The case is Global Nurse Force v. Trump, decided September 30, 2026. Employers should note that DHS has also proposed a separate $103,265 fee on cap-subject petitions, which these cases do not cover.
3. The Supreme Court takes up a detention case. The Supreme Court granted certiorari on October 1, 2026. Certiorari is the Court’s agreement to hear a case. The case, Rhoney v. Barbosa da Cunha, asks whether 8 U.S.C. § 1225(b)(2)(A) mandates the detention pending removal proceedings of aliens who, like respondent, are present in the United States without having been admitted. The case is a challenge to the Trump administration’s policy requiring mandatory detention without bond hearings for immigrants who entered the country without inspection, setting up a major test of the government’s authority to detain individuals during their immigration proceedings. A bond hearing lets a detained noncitizen ask an immigration judge for release while their case proceeds. The Supreme Court agreed to take up the case just before the term began on Oct. 1, but oral arguments have not yet been scheduled. Court watchers expect the court will likely hear the case in the beginning of 2027 and issue its decision by June 2027.
How This Affects You
Asylum applicants and TPS holders: Filing fees for annual asylum applications, initial employment authorization documents (EADs), and TPS registration are all going up on October 16. Applicants who submit paperwork with the old fee amount after that date risk rejection and delay.
H-1B employers and workers: For now, the $100,000 supplemental fee cannot be enforced anywhere in the country while the California and earlier Massachusetts rulings stand. However, these are preliminary rulings, not final decisions, and the administration may appeal or pursue new rulemaking. Employers planning new H-1B specialty occupation petitions should watch this litigation closely before assuming the fee is permanently gone.
People in removal proceedings or detained without bond: The Supreme Court’s decision in Rhoney v. Barbosa da Cunha could reshape how courts across the country handle requests for release on bond for noncitizens who entered without inspection, even those who have lived in the U.S. for many years. Until the Court rules, practice may continue to vary by circuit.
EB-5 investors: The much larger EB-5 fee increase, effective November 30, 2026, means investors who have not yet filed should factor the higher cost into their planning now.
What You Should Do Now
- File before October 16 if you can. If your asylum, EAD, parole, or TPS application is ready, filing before the deadline may let you pay the current, lower fee.
- Double-check fee amounts after October 16. Confirm the correct fee on the official USCIS fee schedule before mailing any form, since an incorrect amount can cause USCIS to reject your filing outright.
- Do not assume the H-1B fee is permanently cancelled. The injunctions are temporary. Employers should keep records and consult counsel before making hiring or budget decisions based on the current pause.
- If a family member is detained, ask whether a bond hearing is available now, since the rules may change once the Supreme Court rules.
- Talk to an attorney about EB-5 timing if you are considering an investor green card before the November 30 fee increase.
How TEZ Law Firm Can Help
TEZ Law Firm assists clients with immigration matters nationwide, including asylum applications, employment authorization, and family-based petitions affected by the new USCIS fee schedule. The firm also advises employers and workers on H-1B visa filings amid the ongoing litigation over the $100,000 fee, and represents individuals in removal proceedings, bond hearings, and immigration court matters. For investors, the firm can also discuss timing considerations for the EB-5 investor green card ahead of the November fee increase.
Frequently Asked Questions
When do the new USCIS fees start?
The new fees apply to forms postmarked on or after October 16, 2026. Applications mailed before that date generally may use the current fee amount, but you should confirm the exact figure on the official USCIS fee schedule before filing.
Do I still have to pay the $100,000 H-1B fee?
As of October 7, 2026, two federal courts have blocked DHS from enforcing the fee, so it generally cannot be collected right now. This is a preliminary ruling, not a final decision, so employers should monitor the case and speak with an attorney before relying on the pause for long-term planning.
What is Rhoney v. Barbosa da Cunha about?
It is a Supreme Court case asking whether federal law requires certain noncitizens who entered the U.S. without inspection to be detained without a bond hearing while their removal case is pending. The Court agreed to hear the case on October 1, 2026, and a decision is not expected until sometime in 2027.
Will the detention ruling affect people who have lived in the U.S. for years?
It could. The case involves a noncitizen who has lived in the U.S. for roughly two decades, so the Court’s decision may affect how courts nationwide treat long-term residents who entered without inspection and are later placed in removal proceedings.
Does the EB-5 fee increase affect me if I already filed?
Generally, the increase applies to Form I-526E and related filings submitted on or after November 30, 2026. If your petition was filed and accepted before that date, the earlier fee generally applies, but you should confirm your specific filing date and form type with an attorney.
Immigration rules are changing quickly this fall, and the right step depends on your specific situation, deadlines, and goals. TEZ Law Firm, led by founding attorney JJ Zhang (California Bar #326666), invites you to schedule a consultation to discuss how these fee changes, the H-1B litigation, or the upcoming Supreme Court case may affect your immigration matter.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws and agency practices change; contact TEZ Law Firm at 626-678-8677 or [email protected] about your situation. Prior results do not guarantee a similar outcome.