Immigration Updates
USCIS Pauses Immigration Benefits and Increases Premium Processing Fees
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Quick Look
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Discussion
USCIS Pauses Certain Immigration Benefits
U.S. Citizenship and Immigration Services (USCIS) issued a policy memo on December 2, 2025 which: (1) placed a hold on all Forms I-589 (Application for Asylum and for Withholding of Removal) for immediate review; (2) placed a hold on pending benefit requests for individuals from 19 designated countries; and (3) required a comprehensive re-review of approved benefit requests from individuals from 19 designated countries who entered the U.S. on or after January 20, 2021.
The memo cites Executive Order 14161, Protecting the United States from Foreign Terrorist and Other National Security and Public Safety Threats, as the primary source of the need for the pause on immigration benefits and re-review of approved benefits. The Executive Order’s purpose was to “safeguard U.S. citizens from aliens who may seek to commit terrorist acts, pose threats to national security, promote hateful ideologies, or exploit immigration laws for malicious purposes.” In furtherance of the Executive Order’s purpose, 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, identified 19 countries of concern from a national security perspective. The entry into the U.S. of nationals of the following countries is suspended and limited:
| · Afghanistan | · Cuba | · Laos | · Togo |
| · Burma (Myanmar) | · Equatorial Guinea | · Libya | · Turkmenistan |
| · Burundi | · Eritrea | · Sierra Leone | · Venezuela |
| · Chad | · Haiti | · Somalia | · Yemen |
| · Republic of the Congo | · Iran | · Sudan |
The pause in benefits may result in delays for work authorization, obtaining or maintaining nonimmigrant status, and progressing through employment-based application processes. The following benefits will be impacted (but the memo makes clear the list is non-exhaustive):
| Benefit Category | Description |
| Form I-90 | Application to Replace Permanent Resident Card |
| Form I-129 | Petition for Nonimmigrant Worker |
| Form I-131 | Application for Travel Documents, Parole Documents, and Arrival/Departure Records |
| Form I-140 | Immigrant Petition for Alien Workers |
| Form I-485 | Application to Register Permanent Residence or Adjust Status |
| Form I-539 | Application to Extend/Change Nonimmigrant Status |
| Form I-751 | Petition to Remove Conditions on Residence |
| Form I-765 | Application for Employment Authorization |
| Form N-470 | Application to Preserve Residence for Naturalization Purposes |
Employers should plan for workforce disruptions including onboarding of individuals pending nonimmigrant visa approval or renewal and renewal of employment authorization documents (EADs). Employers should proactively audit their Forms I-9 for EAD expiration dates and provide advance notice to employees. USCIS has not stated how long the pause will be in place.
USCIS Increases Processing Fees
Effective March 1, 2026, USCIS is increasing its premium processing fees to account for inflation. The published final rule provides for the following increases:
| Form | Current Fee | New Fee
(March 1, 2026) |
| Form I-129, Petition for a Nonimmigrant Worker, H-2B or R-1 nonimmigrant status | $1,685 | $1,780 |
| Form I-129, Petition for a Nonimmigrant Worker, all other available Form I-129 classifications:
· E-1, E-2, E-3 · H-1B · H-3 · L-1A, L-1B · LZ · O-1, O-2 · P-1, P-1S, P-2, P-2S, P-3, P-3S · Q-1 · TN-1, TN-2 |
$2,805 | $2,965 |
| Form I-140, Immigrant Petition for Alien Worker, employment-based classifications:
· E11, E12, E13, E21 (NIW and non-NIW), E31, E32, EW3 |
$2,805 | $2,965 |
| Form I-539, Application to Extend/Change Nonimmigrant Status, requesting:
· F-1, F-2 · J-1, J-2 · M-1, M-2 |
$1,965 | $2,075 |
| Form I-765, Application for Employment Authorization, for certain eligible applications (OPT and STEM-OPT Classifications) | $1,685 | $1,780 |
Action Items
- Review Forms I-9 for pending EAD expiration dates and notify employees of requirement for updated EADs.
- Consult with legal counsel regarding pending nonimmigrant visa applications (e.g., H-1B, etc.).
- Provide revised premium processing fees for new applications, as applicable.
Ninth Circuit: DHS Exceeded Authority in Terminating TPS for Venezuela and Haiti
On January 28, 2026, in National TPS Alliance v. Noem, the Ninth Circuit Court Appeals agreed with a lower court ruling that the Department of Homeland Security (DHS) exceeded its authority when it vacated Temporary Protected Status (TPS) for Venezuela and Haiti. In reaching its ruling, the court found that DHS did not follow proper procedure when reaching its determination that conditions in Venezuela and Haiti no longer met the conditions for TPS designation. Employers should note this ruling does not restore TPS protections for beneficiaries from Venezuela and Haiti since a U.S. Supreme Court order from October 2025 is still in place preventing emergency relief to TPS beneficiaries. In addition, DHS is likely to appeal the court’s ruling to the U.S. Supreme Court.
USCIS Announces H-1B Initial Registration Period
USCIS announced that the initial registration period for the fiscal year 2027 H-1B cap will open at 12 p.m. ET on March 4, 2026 and run through 12 p.m. ET on March 19, 2026. H-1B petitioners subject to the H-1B cap must register each beneficiary using a USCIS online account. Registration is required for the selection process, as well as a $215 registration fee for each registration. Representatives of multiple petitioners can use a single account to add company clients. USCIS anticipates sending selection notifications by March 31, 2026, to users’ USCIS online accounts.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase