Release Date 08/28/2026 On Aug. 24, 2026, the U.S. District Court for the Northern District of California issued an order in Red Eagle Law, L.C., et al., v. Joseph B. Edlow, 26-cv-04850-CRB (NDCA), enjoining PM 602-0192, and PM 602-0194. USCIS is ordered to adjudicate applications in the normal course of USCIS’ process. Further, the Court granted plaintiff’s motion for class certification. The Court certified the class below in this action of individuals who: (1) Are citizens or natives of one or more of the 39 countries listed in Presidential Proclamations 10949 or 10998, or the Palestinian Authority; and (2) Who are seeking asylum with an I-589 application pending; or (3) Otherwise have a benefit application pending with U.S. Citizenship and Immigration Services; (4) That is subject to the adjudication hold imposed by USCIS Policy Memorandum PM-602-0192 (Dec. 2, 2025) or PM-602-0194 (Jan. 1, 2026) that has not received final adjudication as of the date of class certification. USCIS strongly disagrees with the Court’s order but will follow its terms pending possible further judicial review. The Policy Memoranda were issued based on Presidential Proclamation 10949, Restricting the Entry of Foreign Nationals To Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats, June 4, 2025, and Presidential Proclamation 10998, Restricting and Limiting the Entry of Foreign Nationals To Protect the Security of the United States, Dec. 16, 2025, and to enhance the screening and vetting process, as well as address threats to national security and public safety. USCIS will issue updated instructions pending further litigation developments. Last Reviewed/Updated: 08/28/2026 https://www.uscis.gov/newsroom/alerts/recent-court-order-on-hold-policies

Release Date 08/24/2026 WASHINGTON — The Department of Homeland Security (DHS) is proposing to establish a $103,265 fee for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption. The proposed fee would be paid at the time of filing and would be imposed in addition to all other applicable fees or payments. The proposed fee would generate revenue to recover a portion of the federal government’s costs for administering the lawful immigration system. These costs include adjudication of immigration benefits, fraud detection and national security vetting, systems modernization, records and fee collection operations, immigration court operations, consular visa processing, labor standards enforcement, and interagency coordination. DHS estimates the proposed fee would generate approximately $8.8 billion annually, based on a projected annual volume of 85,000 H-1B cap-subject petitions. “The proposed H‑1B fee is intended to recover the costs incurred across the federal government to adjudicate, vet, and support lawful immigration programs that otherwise must be funded by taxpayers,” said U.S. Citizenship and Immigration Services spokesperson Zach Kahler. Under the proposed rule, the additional fee would not apply to H-1B petitions that are not subject to the cap, such as petitions filed by certain nonprofit research organizations, governmental research organizations, and institutions of higher education. The number of cap-subject H-1B visas (or grants of status) issued annually is limited to 65,000, with an additional 20,000 for aliens who have earned a master’s or higher degree from a U.S. institution of higher education. For more information, see the notice of proposed rulemaking . For more information on USCIS and its programs, please visit uscis.gov or follow us on X , Instagram , YouTube , Facebook , and LinkedIn . https://www.uscis.gov/newsroom/news-releases/dhs-proposes-additional-h-1b-fee