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Here’s the deal: starting October 16, 2026, the cost of filing some of the most common immigration applications is going up. We’re talking pending asylum cases, TPS holders, parole applicants, and anyone applying for a work permit tied to these categories. Then on November 30, 2026, EB-5 investor green card petitions get hit with a much bigger jump. On top of that, a new federal lawsuit is challenging how USCIS reviews green card applications filed through adjustment of status — the process most people use to get a green card without ever leaving the country. If you’ve got a case pending, or you’re planning to file soon, these changes could shake up your timeline, your budget, and your whole strategy. Let’s break down what’s changing, who it hits, and what you can do about it right now.
Background: What This Means
These fee increases taking effect October 16, 2026 come straight from a federal law called H.R. 1, the “One Big Beautiful Bill Act.” The revised charges form part of an annual inflation adjustment to certain immigration fees established under H.R. 1, according to updated guidance from USCIS. USCIS put the update out in the Federal Register, and the notice is scheduled for official publication on October 1, 2026, with the new fees taking effect on October 16, 2026.
So what does that look like in real dollars? The annual asylum application fee is going from $102 to $105 — an extra $3. The parole fee under Form I-131 takes the biggest hit of the bunch, climbing $30, from $1,020 to $1,050. If you’re an asylum applicant, here’s what matters to you: your initial EAD fee rises from $560 to $570, and that same $570 charge now applies to parole and TPS applicants filing for their first work permit, up from $560. Form I-821 — the one TPS applicants use — climbs from $510 to $520. USCIS has been upfront about the scope here: the increases range from $3 to $30 depending on what you’re filing for, and they’ll apply to anything postmarked on or after October 16. One more thing our team always flags for clients — if you file with the wrong fee amount, USCIS can reject your application outright. Don’t let a simple math mistake cost you weeks, or months, on your case.
Separately, EB-5 investor petitions face a much steeper increase on a later date. The initial I-526E (Immigrant Petition by Regional Center Investor) fee rises from $3,675 to $7,850, and the I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) fee rises from $3,750 to $5,000. The new fees take effect on November 30, 2026, and any EB-5 petition or application postmarked on or after that date must include them. The rule also has regional center investors pay a separate EB-5 Integrity Fund fee with an initial Form I-526E, rising from $1,000 to $1,100 on the same date. This change does not touch the minimum investment amount; it only raises the government filing costs. Anyone considering an EB-5 investor green card filing should factor these higher costs into their planning.
Meanwhile, a coalition of unions, universities, and immigrant advocacy groups filed suit over how USCIS decides green card cases filed inside the United States. The challenged USCIS policies are (1) a May 2026 policy that treats a foreign national’s decision to apply for a green card through the adjustment of status process, instead of consular processing abroad, as a negative discretionary factor, and (2) an August 2026 policy that gives USCIS broader authority to deny applications without providing the applicant a chance to provide additional evidence. The case, filed in Massachusetts federal court, is American Association of University Professors et al. v. U.S. Department of Homeland Security et al., 1:26-cv-14527 (D. Mass., filed Oct. 5, 2026).
How This Affects Applicants, Families, and Investors
Asylum seekers, TPS holders, and parole recipients who file or renew applications on or after October 16, 2026, will owe the higher amounts. USCIS has warned that an underpaid filing can be rejected outright, which can cost valuable time, especially for people racing a deadline tied to work authorization or status renewal.
For people who already hold a green card application pending through adjustment of status, or who plan to file one, the lawsuit matters even more directly than the fee changes. The memo states that adjustment of status should be viewed as extraordinary relief, meaning that if you are a nonimmigrant or parolee who decides to remain in the US and file an I-485 instead of using a consulate, they will consider that against you, and you will have to show “unusual or even outstanding equities,” as having a clean history will not be enough. This change can affect people on H-1B, L-1, and other dual-intent visa categories who assumed they could simply adjust status once a green card petition became current. Some visa categories allow dual intent, such as H1B and L1, where you can process through adjustment of status to receive your green card, but just having a dual-intent visa category will not be enough under the new policy. The outcome of this litigation could shape how USCIS reviews pending and future family-based green card and employment-based adjustment cases nationwide.
EB-5 investors face the sharpest dollar impact. The filing fee for a regional center petition more than doubles, and the integrity fund surcharge rises as well. Investors who have not yet filed, or who are preparing a new I-526E, I-829, or related petition, should understand the November 30, 2026 cutoff clearly.
Finally, people in removal proceedings should watch a pending U.S. Supreme Court case on bond hearings. The US Supreme Court granted certiorari to determine whether mandatory detention without a bond hearing may be imposed for noncitizens who entered the US without inspection and were later detained in the interior. A ruling could affect whether thousands of detained individuals can ask an immigration judge for release on bond while their case proceeds. Anyone currently in removal proceedings or seeking a bond hearing should stay informed as this case develops.
What You Should Do Now
- Check the postmark date. If you plan to file Form I-589 (asylum), I-765 (work permit), I-821 (TPS), or I-131 (parole) close to October 16, 2026, confirm the correct fee before mailing. A filing postmarked on or after that date needs the new amount.
- Review EB-5 timing. If you are preparing an I-526, I-526E, or I-829 petition, weigh the cost difference between filing before and after November 30, 2026.
- Gather strong evidence for adjustment of status. If your green card case relies on adjusting status from within the United States, prepare documentation showing compelling reasons for doing so, since officers may now weigh that choice as a negative factor.
- Respond quickly to any request from USCIS. Because officers now have more room to deny a case without first asking for more evidence, treat every USCIS notice as time-sensitive.
- Track the Supreme Court bond case and the adjustment-of-status lawsuit. Both could change how pending cases are decided, so avoid assuming current policy is permanent.
- Keep copies of every filing and receipt. This documentation is important if a policy changes or a case needs to be refiled.
How TEZ Law Firm Can Help
TEZ Law Firm assists clients nationwide with asylum applications, TPS filings, parole requests, adjustment of status cases, and EB-5 investor petitions. The firm can review your current filing, calculate the applicable government fees, and help you prepare documentation that responds to USCIS’s current discretionary standards. TEZ Law Firm can also help clients in removal proceedings understand how pending litigation and Supreme Court review may affect their case.
Frequently Asked Questions
When do the new USCIS fees take effect?
The asylum, TPS, parole, and related work permit fee increases take effect for applications postmarked on or after October 16, 2026. The EB-5 fee increase takes effect separately, for petitions postmarked on or after November 30, 2026.
Will my pending asylum case cost more because of this change?
If you already paid your annual asylum fee before October 16, 2026, you will not be charged again right away. Future annual payments, and any new filings postmarked on or after that date, will reflect the higher amount.
Does the lawsuit over adjustment of status mean I cannot file for a green card from inside the U.S.?
No. As of October 10, 2026, both USCIS policies remain in effect while the lawsuit proceeds. You can still file Form I-485, but USCIS may weigh your choice to adjust status instead of consular processing as a discretionary factor, so your filing should include strong supporting evidence.
How much more will an EB-5 investor pay under the new rule?
Under the final rule, the regional center investor petition fee rises from $3,675 to $7,850, and the fee to remove conditions on residency rises from $3,750 to $5,000, not counting the separate EB-5 Integrity Fund fee increase.
What is the Supreme Court bond hearing case about?
The Supreme Court agreed to decide whether people who entered the United States without inspection, and are later arrested in the interior, can be held in mandatory detention without ever receiving a bond hearing before an immigration judge.
Immigration rules and deadlines are changing quickly this fall, and a missed fee or a weak filing can delay a case for months. If you have a pending or upcoming asylum, TPS, parole, adjustment of status, or investor visa matter, TEZ Law Firm (Tez Law P.C.), led by founding attorney JJ Zhang (California Bar #326666), can review your situation and explain your options under current USCIS policy. Visit TEZ Law Firm’s contact page to schedule a consultation.
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 (West Covina, California) at 626-678-8677 or [email protected] about your situation. Prior results do not guarantee a similar outcome.