Legal Updates

Court Vacates H-1B $100,000 Fee, but Fee Will Remain in Effect During Appeal

On June 8, 2026, the U.S. District Court for the District of Massachusetts vacated the $100,000 H-1B fee, finding it unlawful under the APA and an impermissible exercise of Congress’s taxing power.  The court set aside the related implementing guidance across DOS and USCIS.  Days later, the Trump Administration appealed the decision, and the Massachusetts District Court temporarily stayed its ruling, allowing USCIS to continue collecting the fee during the pendency of the appeal.

Contact us with questions about the $100,000 filing fee.

Client Flyer: Checklist for F-1 Students Transitioning to Cap-Subject H-1B Status

Many of the foreign nationals who submit H‑1B cap lottery registrations each year hold F‑1 status. Click here for a checklist to help those selected maintain proper F-1 status and ensure a smooth transition to H‑1B status.

Contact us with questions about the H-1B status.

USCIS Updates TPS Termination Dates for Numerous Countries

USCIS announced that the planned termination of Temporary Protected Status (TPS) for Burma, Haiti, Ethiopia, Somalia, South Sudan, Syria, and Yemen has been postponed. As a result, TPS beneficiaries from these countries may continue to maintain their TPS status and employment authorization, and certain Employment Authorization Documents (EADs) in categories A12 and C19 remain valid and extended while litigation continues. USCIS’s Systematic Alien Verification for Entitlements program (SAVE), which permits federal, state, and local agencies to verify an individual’s immigration status, will verify TPS approvals and will return a response indicating that the individual is authorized for employment, with an EAD expiration date of July 10, 2026, along with a notice that TPS and work authorization have been extended by court order.  The July 10, 2026, date may or may not be extended.  For example, in the cases of Syria and Haiti, where the US Supreme Court recently permitted the end of TPS, the lower courts need to lift the injunctions enabling work authorization to end which could take approximately 32 days; until then these individuals may be permitted to work. 

Contact us with questions about TPS and work authorization.

DOS Adds “Specialized Trainer” to B-1 Category

On December 4, 2025, DOS updated the Foreign Affairs Manual to establish a new B-1 classification pathway for “Specialized Trainers.” The provision allows foreign nationals with unique knowledge not widely available in the United States to enter temporarily to provide training or transfer specialized knowledge related to foreign-sourced equipment, machinery, or processes in support of a “qualifying project.” The definition of a qualifying project remains unclear and may lead to inconsistencies across consular posts.

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CBP Expands Its Biometrics Exit Program

A final rule has gone into effect authorizing Customs and Border Protection (CBP) to require photographs and other biometrics from noncitizens entering and exiting the United States. The rule removes prior pilot-program and port limitations, allowing biometric collection at airports, land ports, seaports, and other authorized points of departure, and expands coverage beyond the prior targeted deployment of travelers aged 14 to 79 with certain exemptions. It is important to note that although the process usually involves showing one’s face to the camera and proceeding to board, this is a CBP inspection, meaning that if there are any “hits” at the inspection, CBP must resolve the issue before the passenger can proceed to board. Therefore, the assumption held by many travelers that leaving the US is an immigration-free affair is no longer valid.

Foreign nationals departing the US should be advised to carry any documents that may shed light on known issues such as resolved arrest warrants, outstanding orders of removal, or similar issues that may lead to detention or delay. Similarly, if CBP has derogatory information that may lead to future inadmissibility, they may make such a determination upon departure and cancel visas.

Contact us with questions about the Biometrics Exit Program.

Supreme Court Ruling Upholds Constitutionally Guaranteed Birthright Citizenship

The US Supreme Court, in a 5-4 decision, rejected Trump’s executive order ending birthright citizenship. The decision preserved a 150-year-old constitutional guarantee that everyone born in the US is automatically a US citizen.

USCIS Rule, Raises Stakes for Signature Defects in Immigration Filings, Goes into Effect July 10, 2026

USCIS’s new rule codifies the agency’s authority to deny, rather than reject, immigration benefit requests found by USCIS to contain invalid signatures. When a case is denied, as opposed to rejected, USCIS keeps the filing fees, and the petitioner must file a new petition for the requested benefit. Under the new rule, adjudicating officers decide whether to reject or deny based on factors such as how much time and effort has been spent on the case, whether the signature defect appears to be an error versus a pattern of noncompliance, and the nature of the signature issue itself. 

It should be noted that while a scanned copy of a wet signature is acceptable, a digital signature is not. However, it can be difficult to tell the difference. It is not unusual for USCIS to issue a Request for Further Evidence (RFE) asking the petitioner to prove that a signature is not digital. The new rule makes it clear that under these circumstances, an officer has the discretion to deny the case without first issuing an RFE. 

Contact us with questions about signatures on petitions.

DOS Transition to Pay.gov for Visa Issuance, Reciprocity, and Blanket L Fraud Fees

Immigration attorneys and foreign nationals have reported that several U.S. consular posts are shifting the collection of visa issuance (reciprocity) fees and Blanket L fraud prevention and detection fees to Pay.gov, despite the absence of formal DOS guidance on the change. Implementation appears inconsistent across posts, creating uncertainty for applicants and practitioners regarding when and how required fees must be paid. Some applicants have reportedly received INA §221(g) refusals solely for nonpayment pending payment through Pay.gov.

Contact us with questions about payment of fees at consular posts.