USCIS Policy Changes: H-1B Fee, Asylum, and Green Cards

Since January 2025, U.S. Citizenship and Immigration Services has rolled out one of the broadest sets of USCIS policy changes in decades, touching green cards, asylum, H-1B, DACA, humanitarian parole, TPS, naturalization, and family-based petitions. Many of the new rules took effect immediately and apply to pending cases; several are being challenged in federal court. Below is what each change does, when it started, and who it affects.

Green Card Adjustment Now Called “Extraordinary Relief”

On May 22, 2026, USCIS issued policy memo PM-602-0199, which redefines adjustment of status inside the United States as “a matter of discretion and administrative grace” and “extraordinary relief” rather than a right. Students, temporary workers, and tourists are generally now expected to return to their home countries and apply for green cards through consular processing at U.S. embassies abroad.¹

Officers evaluate each Form I-485 using a “totality of the circumstances” analysis. Negative factors include immigration violations, fraud, unlawful employment, and failure to depart after a temporary visa’s purpose was accomplished. The applicant carries the burden of showing “unusual or even outstanding equities.”²

USCIS still accepts I-485 filings because the statutory filing right cannot be overridden by a memo, but approvals are now restricted. H-1B and L-1 holders with dual intent are somewhat less exposed, though the memo states that dual intent alone does not guarantee approval. The policy applies retroactively to all pending applications.³

DACA and Deferred Action

A May 8, 2026 policy alert reclassified deferred action as an “extraordinary use of prosecutorial discretion” that must be evaluated case by case. Categorical grants to broad groups are rejected unless required by law or regulation. The change applies to all requests pending or filed on or after May 8, 2026, including DACA renewals.⁴

DACA itself has not been formally rescinded, its eligibility criteria have not changed, and existing grants have not been revoked. But officers may now deny renewals individually even when the applicant meets DACA’s threshold requirements, and reliance interests like a job or housing do not, by themselves, tip the balance.⁵

New first-time DACA applications remain frozen. A January 2025 Fifth Circuit ruling upheld a lower court’s finding that the DACA Final Rule was unlawful, and the injunction limits processing to renewals for recipients who obtained DACA before July 16, 2021.⁶

Even renewals are slower. Between October 2025 and February 2026, the median DACA renewal wait rose to about 70 days, up from roughly 15 days in fiscal year 2025, with practitioners reporting most renewals taking over four months. USCIS attributed the delays to an “enhanced vetting process” that includes mandatory in-person fingerprint checks through an expanded FBI system. Some recipients have lost work permits and fallen out of status while waiting.⁷

The policy also reaches deferred action for U and T visa petitioners, where USCIS now claims discretion to terminate or deny protection. A separate April 2026 memo ended automatic deferred action for Special Immigrant Juvenile Status recipients and is being challenged in A.C.R. v. Noem.⁵

H-1B: $100,000 Fee and a Wage-Weighted Lottery

A presidential proclamation issued September 19, 2025 imposed a one-time $100,000 fee on new H-1B petitions filed after September 21, 2025. The fee applies only to new petitions, not renewals or previously issued visas, and a “national interest” exemption is available on a case-by-case basis.⁸

A coalition of unions, universities, healthcare workers, and religious groups sued. In December 2025 a federal judge ruled for the administration, and the plaintiffs appealed; other challenges remain active.⁹ JPMorgan Chase economists estimated the fee could cut work permits by up to 5,500 per month.¹⁰

A December 2025 rule replaced the random H-1B lottery with a selection system weighted by wage level, effective for the FY 2027 cap. Petitions for workers at the highest wage tier (Level IV) get four chances at selection; Level I gets one. Roughly 90% of international student applications fall into the two lowest wage tiers, so the change favors senior professionals over recent graduates. The Department of Labor also conducted at least 200 H-1B employer investigations in 2025, and additional rulemaking to raise prevailing wages is planned.⁹

Asylum: Longer Wait for a Work Permit, and an Annual Fee

In February 2026, DHS proposed doubling the wait for asylum applicants to apply for a work permit from 180 days to 365 days. The proposal would also let the agency pause work permit intake entirely when average asylum processing exceeds 180 days, and it introduces new eligibility bars tied to criminal convictions and method of entry.¹¹

Effective May 29, 2026, an interim final rule implementing H.R. 1 imposes an annual fee for every calendar year an asylum case remains pending. If an applicant does not pay within 30 days of notification, the asylum application is rejected, removal proceedings can begin for anyone without other status, and any related work authorization is lost.¹²

New Fees Under H.R. 1

H.R. 1, the “One Big Beautiful Bill Act,” was signed into law on July 4, 2025. Most of the new fees it created cannot be waived or reduced, and fees adjust annually based on the Consumer Price Index.

Asylum application (Form I-589): $100 filing fee, plus $100 annually while the case is pending.
Initial asylum work permit: $550.
TPS registration (Form I-821): $500, up from $50.
Special Immigrant Juvenile petition: $250.
Nonimmigrant visa “integrity” fee: $250.
Parole fee: $1,000, with limited exceptions.
Nonimmigrant visa bond: $250, reimbursable only upon visa expiration with proof of full compliance.

Source citation for the schedule.¹³

Shorter Work Permit Validity

Effective July 22, 2025, H.R. 1 capped employment authorization document validity at one year (or the end of the authorized parole or TPS period, whichever is shorter) for parolees, TPS holders, and their dependents.¹⁴

A separate USCIS policy change effective December 5, 2025 cut maximum EAD validity from five years to 18 months for refugees, asylees, people granted withholding of removal, applicants with pending asylum or adjustment of status cases, and those with pending cancellation of removal applications. USCIS said the shorter periods allow more frequent background screenings.¹⁵

CHNV Parole and TPS Terminations

The CHNV parole programs for Cuba, Haiti, Nicaragua, and Venezuela were terminated effective March 25, 2025, with employment authorization revoked the following month. A federal court initially blocked the termination, but on May 30, 2025 the Supreme Court lifted that injunction and allowed both the terminations and the work authorization revocations to proceed.¹⁶

TPS designations have been terminated for several countries:

Venezuela (2023 designation): termination allowed to proceed by the Supreme Court on October 3, 2025.
Nepal: terminated June 6, 2025.
Honduras: terminated July 7, 2025.
Nicaragua: terminated July 7, 2025.
Syria: terminated September 19, 2025.
Ethiopia: terminated December 12, 2025.

The termination of TPS for Haiti, originally set for February 3, 2026, was stayed by a federal court in the District of Columbia in Miot et al. v. Trump et al. DHS said it “vehemently disagrees” with the court order and is pursuing next steps.¹⁷

Family reunification parole processes for nationals of Colombia, Cuba, Ecuador, Guatemala, Haiti, Honduras, and El Salvador were also terminated in December 2025.¹⁸

Country-Based Holds and the 75-Country Visa Pause

A USCIS policy memo issued January 1, 2026 placed holds on all pending asylum and benefit applications filed by nationals of countries designated “high-risk” under Presidential Proclamation 10998. Each affected case must be re-reviewed and reinterviewed. The hold also covers people who acquired citizenship-by-investment from those countries and those traveling on Palestinian Authority documents.¹⁹

Separately, effective January 21, 2026, the State Department paused all immigrant visa issuances for nationals of 75 countries, citing public charge concerns. The list spans Africa, the Caribbean, Central and South America, the Middle East, and parts of Asia and Europe. Nonimmigrant visas are not affected. Applicants may still submit applications and attend interviews, but no visas are being issued.²⁰ A coalition led by the Catholic Legal Immigration Network is challenging the pause in CLINIC v. Rubio, filed in the Southern District of New York, with cross-motions for partial summary judgment pending.²¹

Diversity Visa Freeze

On December 19, 2025, USCIS placed an immediate hold on all pending adjustment of status applications filed under the Diversity Immigrant Visa Program. Announced by DHS Secretary Kristi Noem after shootings in New England, the hold covers the underlying green card applications and any related work permits, travel documents, and waivers. USCIS is reviewing identity, national security, and criminal and mental health concerns. Derivative spouses and children are included.²²

The stakes are high because diversity visa cases have a hard statutory deadline: applications must be approved by the end of the fiscal year (September 30) or eligibility expires permanently. The State Department has also temporarily suspended issuance of new diversity immigrant visas at consulates abroad while it reviews vetting, though applications and interviews continue.²³

Naturalization: New Civics Test and Stricter Character Review

For applications filed on or after October 20, 2025, USCIS is using the 2025 civics test. It draws from the same bank of 128 questions used in the 2020 version, but the officer asks up to 20 questions and stops once the applicant answers 12 correctly (passing) or nine incorrectly (failing).²⁴

Updated good moral character guidance tells officers to look for “positive contributions to American society” rather than just the absence of bad conduct. Unlawful voting, unlawful voter registration, and false claims to U.S. citizenship are treated as disqualifying. USCIS has resumed neighborhood investigations of applicants and restored mandatory in-person vetting.²⁵ Other updates tighten review of medical disability exceptions for the civics and English requirements, disqualify “uncharacterized” military discharges from military naturalization, and end expedited processing for certain Supplemental Security Income beneficiaries.²⁶

Birthright Citizenship Order Pending at the Supreme Court

Executive Order 14160, issued January 20, 2025, directs that a child born in the United States is not a citizen at birth if the mother was unlawfully present and the father was not a citizen or lawful permanent resident, or if the mother’s presence was “lawful but temporary” (student, work, or tourist visa, for example) and the father lacked permanent status. USCIS defines “lawful but temporary” broadly to include parolees, TPS beneficiaries, and deferred action recipients.²⁷

The order is blocked by a preliminary injunction from a federal court in New Hampshire in Barbara v. Trump. The Supreme Court granted certiorari before final judgment in December 2025 and heard oral arguments on April 1, 2026. A decision is pending.²⁸

The Gold Card

An executive order issued September 19, 2025 created the “Gold Card,” an expedited path to permanent residency in exchange for a $1 million unrestricted gift to the Department of Commerce, or $2 million if made by a corporation on behalf of an individual. Unlike the EB-5 investor visa, the Gold Card requires no active investment or job creation; the gift is treated as evidence of eligibility under existing employment-based categories for extraordinary ability and national interest waivers.²⁹

USCIS handles petitions through Form I-140G, filed online after registering at trumpcard.gov. The filing fee is $15,000 per person, covering the principal, spouse, and children. Corporate sponsors are allowed to transfer a sponsored individual’s status to a different person.³⁰

Family-Based Petitions and Keeping Families Together

Updated family-based petition guidance issued August 1, 2025 emphasizes enhanced screening to confirm that claimed relationships are “genuine, verifiable, and compliant with all applicable laws.” It clarifies interview requirements, outlines when the State Department may accept petitions filed abroad, and specifies that USCIS may issue a Notice to Appear if a beneficiary is found removable.³¹

An October 2025 update on qualifying spousal relationships removed content from the Adjudicator’s Field Manual addressing transgender issues and marriage that had been in place since 2012. An earlier April 2025 update established that USCIS recognizes only “two biological sexes, male or female” for purposes of reviewing benefit requests and agency-issued documents.²⁶

The “Keeping Families Together” parole-in-place program, which had let certain spouses of U.S. citizens apply for adjustment without leaving the country, is no longer operational. A federal court in the Eastern District of Texas vacated the program in November 2024, and USCIS has ended intake and cancelled all related appointments.³²

What’s Tied Up in Court

Several of these policies are being litigated, and rulings in the coming months could block, modify, or affirm key pieces of the overhaul. Beyond the birthright citizenship case, TPS Haiti stay, and CLINIC visa-pause challenge already noted:

D.V.D. v. DHS (D. Mass.) is a national class action over deportations to third countries without notice. The district court granted partial summary judgment for plaintiffs in February 2026, stayed pending First Circuit appeal.³³
Mansor v. USCIS (W.D. Wash.) is a certified nationwide class action over delays in issuing EADs to TPS applicants. Summary judgment was granted for plaintiffs in December 2025.³³
CHIRLA v. DHS challenges a rule requiring millions of people to register with the federal government and carry proof of registration.³⁴
A.C.R. v. Noem is a class action challenging the end of automatic deferred action for Special Immigrant Juvenile Status recipients.³⁵

Check the status of any policy that affects you before filing, since an injunction, a stay, or a Supreme Court decision can change what USCIS will do with your case between the time you prepare an application and the day it’s adjudicated.

1
USCIS. USCIS Will Grant Adjustment of Status Only in Extraordinary Circumstances
2
USCIS. Policy Memorandum PM-602-0199, Adjustment of Status and Discretion
3
AILA. Featured Issue: New Policy on Adjustment of Status as Act of Extraordinary Discretion
4
USCIS. Policy Alert PA-2026-01, Deferred Action as Extraordinary Use of Prosecutorial Discretion
5
National Immigration Law Center. Community Alert: What We Know About the New USCIS Policy Manual Change on Deferred Action
6
USCIS. Deferred Action for Childhood Arrivals
7
CNN. DACA Processing Delays
8
USCIS. H-1B FAQ
9
Forbes. The Outlook on H-1B Visas and Immigration in 2026
10
Council on Foreign Relations. Trump’s H-1B Visa Change: What to Know
11
Federal Register. Employment Authorization Reform for Asylum Applicants
12
USCIS. DHS Announces Consequences for Unpaid Annual Asylum Fees, Unveils New HR 1 Requirements
13
Federal Register. USCIS Immigration Fees Required by HR 1 Reconciliation Bill
14
USCIS. USCIS Increases Screening, Vetting of Aliens Working in US
15
USCIS. Policy Alert: Employment Authorization Validity
16
USCIS. FAQs on the Effect of Changes to Parole and TPS for SAVE Agencies
17
USCIS. Temporary Protected Status Designated Country: Haiti
18
Immigration Policy Tracking. Program Terminations
19
USCIS. Policy Memo PM-602-0194, Pending Applications for High-Risk Countries
20
U.S. Department of State. Immigrant Visa Processing Updates for Nationalities at High Risk of Public Benefits Usage
21
National Immigration Law Center. CLINIC v. Rubio
22
USCIS. Policy Memo PM-602-0193, Diversity Visa Holds
23
AILA. USCIS Policy Memo Directs Hold and Review of Pending AOS Applications Under the DV Program
24
Federal Register. Notice of Implementation of 2025 Naturalization Civics Test
25
USCIS. USCIS Unveils First Changes to Naturalization Test in Multi-Step Overhaul of American Citizenship
26
USCIS. USCIS Policy Manual Updates
27
USCIS. USCIS Implementation Plan of Executive Order 14160
28
SCOTUSblog. Trump v. Barbara
29
The White House. The Gold Card
30
USCIS. Form I-140G
31
USCIS. USCIS Issues Guidance Regarding Family-Based Immigration Policy
32
USCIS. Keeping Families Together
33
National Immigration Litigation Alliance. Impact Litigation
34
National Immigration Law Center. NILC Litigation
35
Justice Action Center. Litigation Tracker