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Immigration law is moving fast this month — and if you’re not paying attention, you could get caught off guard. Starting October 16, 2026, USCIS is raising fees across the board: asylum, parole, work permits, and TPS. Come November 30, 2026, EB-5 investor fees will nearly double. Meanwhile, a federal court in California just blocked Trump’s $100,000 H-1B fee — for the second time. And DHS wants to slap steep new fees on the F-1 student OPT program. That’s a lot of moving pieces. Asylum seekers, parolees, TPS holders, employers sponsoring H-1B workers, EB-5 investors, international students — this touches all of you. If any of this sounds like your situation, keep reading. We’ll break down what changed and what you need to do next.
Background: What This Means
Here’s the deal. USCIS is bumping up fees on asylum, parole, work permits, and TPS filings starting October 16, 2026. This is part of their yearly inflation adjustment for FY 2027. The agency issued the notice on October 1, 2026, raising fees by about 3.36% to match the rise in consumer prices between July 2025 and July 2026. Anything you file after October 16th gets hit with the new rates.
What does that look like in real numbers? The asylum application fee goes from $102 to $105 — a small bump, but it adds up. The parole fee (Form I-131) takes the biggest jump, going from $1,020 to $1,050. Initial work permits (EAD) for asylum seekers climb from $560 to $570, and that same $570 fee now applies to parole and TPS applicants too. TPS applications themselves (Form I-821) rise from $510 to $520. One thing we want you to know: USCIS doesn’t play around with these deadlines. File with the wrong fee after October 16th, and your application gets rejected outright. No exceptions.
EB-5 investors face a separate and much larger fee jump. On September 30, 2026, DHS published a final rule setting new EB-5 filing fees, effective November 30, 2026. The initial I-526E (Immigrant Petition by Regional Center Investor) fee rises from $3,675 to $7,850, and the I-829 fee rises from $3,750 to $5,000. Form I-526 (standalone investor) rises from $3,675 to $7,615. USCIS estimates that fees across existing EB-5 forms will rise by a weighted average of about 70.7 percent. Readers considering an investor petition can learn more on our EB-5 investor green card page.
On the H-1B front, a second federal judge blocked an unprecedented $100,000 fee that President Donald Trump has imposed on new H-1B visas for highly skilled foreign workers. US District Judge Haywood Gilliam in Oakland, California, ruled that US Citizenship and Immigration Services and the State Department failed to follow necessary rule-making processes before implementing Trump’s fee. The case, Global Nurse Force, et al. v. Trump, Case No. 25-cv-08454 (N.D. Cal., filed on October 3, 2025), follows an earlier ruling. U.S. District Judge Leo T. Sorokin in Massachusetts struck down the fee in June after reaching the policy through a separate challenge brought by California and 19 other states. Practically speaking, the $100,000 H-1B payment requirement remains blocked and should not presently be enforced by the federal immigration agencies. However, a ruling blocking implementation does not, by itself, eliminate the H-1B visa program or waive the program’s other eligibility and filing requirements.
Meanwhile, DHS has proposed a dramatic new cost for international students. DHS proposed imposing substantial new fees on schools sponsoring Optional Practical Training (OPT), including a $70,000 fee for an F-1 student’s initial OPT participation and a $30,000 fee for subsequent OPT authorizations, citing concerns around fraud, program integrity and U.S. worker protections. Under the proposal, Student and Exchange Visitor Program (SEVP)-certified schools, rather than students, would be responsible for paying the fees before recommending a student for OPT. The proposal would allow schools to pass costs on to students or employers. A student who receives twelve months of post-completion OPT followed by a STEM OPT extension could therefore generate $100,000 in total fees. The proposed rule is not in effect. Universities and students face no new fees today, since it is scheduled for publication in the Federal Register on October 8, with a 30-day public comment period to follow.
Finally, the Visa Bulletin brought mixed news for green card applicants. EB-2 retrogresses for All Chargeability Areas, Mexico, and the Philippines, while EB-3 retrogresses for All Chargeability Areas and Mexico. At the same time, India’s EB-2 category is no longer Unavailable, reopening with a November 1, 2013, final action date, and India EB-1 and China EB-2 each move forward. On the family side, F2A Final Action Date advances to September 22, 2026 for most countries and to March 22, 2026 for Mexico.
How This Affects You
Asylum seekers, parolees, and TPS holders: You will pay more for annual asylum fees, employment authorization, parole travel documents, and TPS applications filed on or after October 16, 2026. If you are facing removal proceedings or need help with an asylum claim, our removal defense and asylum page explains the process.
Employers sponsoring H-1B workers: The $100,000 fee cannot currently be enforced, but the litigation is ongoing and the administration can appeal. Employers should keep monitoring the case before assuming the fee is gone permanently. Our H-1B specialty occupation page covers eligibility and filing basics.
EB-5 investors: Filing before November 30, 2026 can save thousands of dollars in government fees compared to filing after that date.
F-1 students and universities: The OPT fee proposal is not final. No fees apply today, but students nearing graduation or a STEM OPT extension should watch for a final rule, since it could take effect only 60 days after publication.
Family and employment-based green card applicants: EB-2 and EB-3 applicants outside China and India may need to wait longer this fiscal year, while some family categories, like F2A, are moving faster. Our family-based immigration page can help you track where your case stands.
What You Should Do Now
- Confirm the correct filing fee before mailing any application postmarked on or after October 16, 2026. An application filed with the old fee amount can be rejected.
- If you plan to file an EB-5 petition, talk with an attorney about whether filing before November 30, 2026 fits your timeline and budget.
- If you are an H-1B employer, do not assume the $100,000 fee question is permanently resolved. Track the appeal and keep documentation of any fees already paid.
- If you are an F-1 student or school official, watch the Federal Register for the final OPT fee rule and submit comments during the open comment period if you wish to weigh in.
- Check your priority date against both the Final Action Date and Dates for Filing charts in the current Visa Bulletin before assuming you can or cannot file.
- Keep copies of all receipts and confirmation notices in case USCIS questions a fee payment.
How TEZ Law Firm Can Help
TEZ Law Firm assists clients with a range of immigration matters, including asylum and removal defense, employment-based petitions such as H-1B and EB-5, and family-based green card applications. The firm can review your case, help confirm which fees and deadlines apply to your specific filing, and prepare the required forms and supporting documentation. For employment-based cases involving investors, managers, or specialized workers, TEZ Law Firm also handles related categories such as L-1A and EB-2 petitions.
Frequently Asked Questions
When do the new USCIS fees take effect?
The asylum, parole, EAD, and TPS fee increases apply to applications postmarked on or after October 16, 2026. The EB-5 fee increases take effect separately, for petitions postmarked on or after November 30, 2026. As of October 9, 2026, both dates remain scheduled.
Is the $100,000 H-1B fee still in effect?
As of October 9, 2026, the fee is blocked by two separate federal court rulings, one in Massachusetts and one in the Northern District of California. The government may appeal, so employers should continue to monitor developments before making long-term hiring decisions based on the fee being permanently gone.
Do F-1 students have to pay the new $70,000 OPT fee now?
No. The $70,000 and $30,000 OPT fees are only a DHS proposal as of October 9, 2026. The rule must go through a public comment period and a final rule before it can take effect, and it would generally apply only to OPT recommendations made after the rule’s effective date.
Why did EB-2 and EB-3 retrogress in October 2026 if it is a new fiscal year?
The State Department adjusts visa availability to stay within annual and quarterly limits set by law. Even though October begins a new fiscal year with a fresh supply of visa numbers, high demand in certain categories can still cause a cutoff date to move backward, which is called retrogression.
What happens if I file with the old fee amount after October 16, 2026?
USCIS has stated that applications postmarked on or after the effective date without the correct fee may be rejected. It is important to confirm the current fee amount for your specific form before mailing your application.
Immigration rules and fees are changing quickly this month, and a missed deadline or an outdated fee amount can delay or derail your case. If you have questions about how these changes affect your asylum claim, work permit, EB-5 investment, H-1B petition, or student status, you can schedule a consultation with TEZ Law Firm (JJ Zhang, California Bar #326666) to discuss your options. TEZ Law Firm serves clients nationwide from its offices in West Covina, City of Industry, and Newport Beach, California, and its Flushing, New York office, which handles immigration matters only. Visit our 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.