Court Blocks H-1B Fee as USCIS Sets New Immigration Fees and EB-5 Changes
A federal court in California partially granted a preliminary injunction against Presidential Proclamation 10973’s $100,000 payment requirement for certain H-1B petitions, pending rulemaking. USCIS announced FY 2027 inflation-adjusted fee increases effective October 16, 2026, for asylum, parole, employment authorization, and TPS filings, and finalized a new EB-5 fee schedule with Integrity Fund changes. The State Department released the October 2026 Visa Bulletin, with USCIS confirming use of the Dates for Filing chart.
A California federal court issued a partial preliminary injunction on September 30, 2026, pausing the $100,000 payment condition for some H-1B petitions while the case proceeds. The ruling leaves the underlying proclamation contested and ties relief to pending rulemaking.
Separately, USCIS will raise selected FY 2027 fees on October 16, 2026, covering asylum, parole, work permits, and TPS. Its EB-5 final rule raises many filing fees, creates Form I-527 for certain investors, revises Integrity Fund charges, and adds penalties for late regional-center payments. The October 2026 Visa Bulletin directs use of the Dates for Filing chart.
The court’s partial pause may ease uncertainty for some H-1B petitioners, though its limited scope could leave others facing the payment condition. Higher USCIS fees and EB-5 changes may affect employers, investors, asylum seekers, parole applicants, work-permit applicants, and TPS recipients by raising costs or adding compliance steps. The Visa Bulletin’s Dates for Filing chart could influence when some applicants may file, depending on implementation and individual circumstances. These effects remain contingent on litigation and agency action.