Three big immigration developments dropped this week. And they touch almost every visa category out there. The State Department published the October 2026 Visa Bulletin — first one of fiscal year 2027 — with real movement for employment-based green card applicants. USCIS also confirmed filing fees are going up October 16, 2026. On top of that, a federal judge in California blocked the administration’s $100,000 H-1B fee proposal. Again. Second time now. Waiting on a green card priority date? Filing a USCIS form this month? Sponsoring an H-1B worker? These changes might hit your timeline. They might hit your wallet too. Let’s break down what changed, who it hits, and what you should do next.
Background: What This Means
(cite index=”1-2″>The U.S. Department of State’s October 2026 Visa Bulletin, the first Visa Bulletin for fiscal year (FY) 2027, restores availability in several employment-based immigrant visa categories and changes several cutoff dates from September 2026. (cite index=”1-6″>USCIS has confirmed that employment-based adjustment-of-status (“green card”) applicants may use the Dates for Filing chart in October 2026, opening filing eligibility to a substantially larger pool of applicants than the Final Action Dates chart alone would allow.
Here’s the thing — the movement isn’t even across the board. (cite index=”4-8,4-9″>EB-2 final action dates retrogressed from current to January 1, 2025 for the rest of the world, Mexico, and the Philippines, while India reopened from Unavailable to November 1, 2013, and China moved forward by a month. (cite index=”1-7″>Some employment-based “Rest of World” categories retrogressed in October 2026, and the State Department stated that the retrogressions are intended to keep visa issuances within FY 2027 quarterly and annual limits. EB-5 investors saw shifts too. (cite index=”3-11″>EB-5 India Unreserved begins FY 2027 with a December 1, 2023 Final Action Date after being unavailable at the end of FY 2026.
Separately, on September 30, 2026, USCIS filed a Federal Register notice announcing the FY 2027 inflation adjustments to certain immigration fees created by H.R. 1, the One Big Beautiful Bill Act, with the notice scheduled for official publication on October 1, 2026, and the new fees taking effect on October 16, 2026. H.R. 1 requires DHS to adjust these fees for inflation every fiscal year, using the change in the Consumer Price Index for All Urban Consumers (CPI-U) from July of the prior year to July of the current year, and between July 2025 and July 2026 the CPI-U rose about 3.36 percent.
On the litigation front, the US District Court for the Northern District of California on Wednesday, September 30, 2026, blocked President Trump’s $100,000 fee on new H-1B visas for highly skilled foreign workers, marking the second time a federal court has enjoined enforcement of the policy. US District Judge Haywood Gilliam granted the plaintiffs’ motion for a preliminary injunction in part, preventing US agencies from implementing sections of the renewed presidential proclamation, and found the agencies failed to comply with required procedural rulemaking.
How This Affects Visa Applicants and Employers
Green card applicants. If you were born in India and sponsored under EB-2, the reopening may let you file or move forward after months of unavailability. One of the most significant developments for applicants born in India is the renewed availability of EB-2 visa numbers after the category remained unavailable under the Final Action Dates chart during July, August, and September 2026. But applicants from other countries in EB-2 and some EB-3 categories should expect delay, since dates moved backward rather than forward this month. Anyone pursuing an EB-2 or national interest waiver green card or an EB-3 or PERM-based green card should review the new chart with care before deciding when to file.
Asylum seekers, parolees, and TPS holders. The October 16 fee increase mainly affects a defined set of forms. This is not an across-the-board increase to every USCIS filing fee; the notice covers a limited group of charges established under H.R. 1 and does not list standard F-1 Optional Practical Training applications or H-1B petitions among the adjusted categories. The forms that do increase include the annual pending asylum application fee, rising from $102 to $105, the initial Form I-765 work permit fee for asylum applicants, parolees, and TPS recipients, rising from $560 to $570, the Form I-821 TPS fee, rising from $510 to $520, and the Form I-131 immigration parole fee, rising from $1,020 to $1,050.
Employers and H-1B workers. The California ruling offers temporary relief, but it is not the final word. 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. At the same time, in an earlier case, Chamber of Commerce v. DHS, a federal district judge in Washington, D.C., declined to block the fee. Because the litigation is ongoing and the fee could return, employers filing H-1B specialty occupation petitions should still plan budgets carefully and monitor developments before finalizing offers to workers currently outside the United States.
What You Should Do Now
- Check your priority date against the new October 2026 Visa Bulletin before filing Form I-485, and confirm whether the Dates for Filing or Final Action Dates chart applies to your category and country.
- File early if your form will be affected by the October 16 fee increase. Any request postmarked on or after October 16, 2026, must include the new fee for the specific benefit requested, and USCIS will reject any filing that arrives with the old amount after that date.
- Confirm the exact fee for your form type on the official USCIS fee schedule before mailing or filing online, since only certain humanitarian-related forms are affected.
- If you are an H-1B employer or beneficiary, track the litigation. The preliminary injunction is not a final ruling, and the fee could be reinstated depending on appeals.
- Keep copies of receipt notices, postmark proof, and payment records for any filing made near a fee-change or policy-change date.
- Talk to a licensed attorney before making filing or hiring decisions based on fast-moving immigration news.
How Tez Law P.C. Can Help
Tez Law P.C. assists individuals and employers with family and employment-based green card strategy, including family-based petitions and employment-based visa filings affected by Visa Bulletin movement. The firm can review your priority date, help you understand which USCIS fee schedule applies to your filing, and discuss how the H-1B litigation may affect pending or planned petitions. Tez Law P.C. also assists clients with related matters, including investor-based visa options and removal proceedings and immigration court matters, across the United States.
Frequently Asked Questions
What is the October 2026 Visa Bulletin and why does it matter?
It is the first Visa Bulletin of fiscal year 2027, published by the State Department. It sets new cutoff dates for family and employment-based green card categories, and it determines whether you can file or must wait based on your priority date and country of birth.
Which USCIS fees are increasing on October 16, 2026?
The increase applies to a limited set of forms, including the annual asylum application fee, Form I-131 parole applications, certain initial Form I-765 work permit filings for asylum, parole, and TPS categories, and the Form I-821 TPS application. H-1B petitions and standard OPT filings are not part of this adjustment.
Is the $100,000 H-1B fee gone for good?
No. A federal judge in California issued a preliminary injunction blocking enforcement while litigation continues, following an earlier injunction from a Massachusetts court. The policy could still be reinstated or modified depending on further rulings, so employers should continue to monitor the case.
I am from India and sponsored under EB-2. Does the Visa Bulletin help me?
The EB-2 category for India reopened after being unavailable for several months, which may allow eligible applicants to file or move forward. Your specific eligibility still depends on your individual priority date and the chart your category uses that month.
Should I rush to file before October 16 to avoid the new fees?
If your form is one of the affected categories, filing with a postmark before October 16, 2026, generally lets you use the current fee amount. Confirm the correct form and current fee on the official USCIS fee schedule before submitting your application.
Immigration law is changing quickly this month, and the right next step often depends on your specific visa category, country of birth, and filing timeline. If you have questions about the October 2026 Visa Bulletin, the new USCIS fees, or how the H-1B fee litigation may affect your petition, consider scheduling a consultation with Tez Law P.C. to discuss your situation.
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 P.C. at 626-678-8677 or [email protected] about your situation. Prior results do not guarantee a similar outcome.