$100,000 H-1B Fee Vacated + USCIS 2026 Policy Updates: TPS & Asylum Changes

A federal appeals court has declined to disturb a district court decision vacating the $100,000 H-1B fee, leaving the lower court's ruling in effect. This outcome is significant for employers sponsoring high-skilled workers, as the fee had been a major financial barrier introduced under recent immigration enforcement measures. The case remains an active area of legal development, and practitioners should monitor further appellate proceedings. The Department of Homeland Security has issued a final rule allowing USCIS asylum officers to bypass interviews in certain cases and refer applicants directly to immigration court. The rule targets cases where an officer determines that an applicant is barred from asylum, statutorily ineligible, or does not merit a favorable discretionary grant. Applicants referred under this pathway retain the right to present their claims before an immigration judge. USCIS announced a series of short-term extensions of employment authorization for Temporary Protected Status beneficiaries. Burma (Myanmar) TPS holders received an extension through August 3, 2026, covering EADs with original expiration dates of November 25, 2022, May 25, 2024, or November 25, 2025. These extensions stem from ongoing litigation and a July 21 federal court order. Similarly, Syria TPS EADs have been extended through July 27, 2026, and Somalia TPS EADs through July 29, 2026, each covering specific original expiration date cohorts. USCIS emphasized these are temporary compliance measures tied to active court proceedings, and further guidance is expected. Employers with TPS-dependent workers from Burma, Syria, or Somalia should immediately verify the specific EAD expiration dates covered by each extension and prepare for additional regulatory updates. Given the tight extension windows, timely legal review is critical to avoiding inadvertent employment authorization lapses.