U.S. Immigration Alerts

FGI UPDATES: THIS WEEK’S SUMMARY OF US IMMIGRATION NEWS

Federal Appeals Court Allows Lower Court Order Vacating $100,000 H-1B Fee to Take Effect

A federal appeals court has declined to stay a lower court ruling that invalidated the controversial $100,000 H-1B fee imposed on certain petitions requiring consular processing. As a result, the lower court’s decision now takes effect, preventing USCIS from collecting the fee while the government’s appeal continues. The appeals court concluded that the government was unlikely to succeed in overturning the lower court’s decision at this stage. Although employers are no longer required to pay the fee for affected H-1B petitions, questions remain regarding employers that previously paid the fee and whether refunds will be issued. USCIS is expected to release updated filing guidance reflecting the court’s decision, while the litigation continues.

Key Points

• Appeals Court Denies Government’s Stay Request: The U.S. Court of Appeals for the First Circuit refused to pause the district court’s order vacating the $100,000 H-1B fee while the appeal proceeds. The court determined that the government had not demonstrated a sufficient likelihood of success on appeal to justify keeping the fee in place. 
• USCIS Can No Longer Collect the Fee: Because the temporary stay has been lifted, USCIS is prohibited from collecting the $100,000 fee on covered H-1B petitions while the lower court’s order remains in effect. This provides immediate relief for employers filing qualifying petitions that previously would have been subject to the additional payment. 
• District Court Previously Found the Fee Unlawful: The Massachusetts district court concluded that the $100,000 fee functioned as an unauthorized tax that exceeded executive authority and also violated the Administrative Procedure Act. The court therefore vacated the policy nationwide before temporarily staying its own decision pending appellate review. 
• Refunds Remain Uncertain: The appeals court’s decision does not resolve what will happen to employers that previously paid the $100,000 fee while the temporary stay was in effect. At this time, USCIS has not announced whether refunds or other remedies will be available for those payments.

What Employers Need to Know

• Current Filings May Proceed Without the Fee: Employers preparing H-1B petitions that otherwise would have required the $100,000 payment should monitor updated USCIS filing instructions before submitting their cases. Until further court action occurs, USCIS should not require payment of the fee for affected petitions. 
• Await Updated USCIS Guidance: USCIS is expected to publish revised filing procedures and operational guidance implementing the appeals court’s decision. Employers should review those instructions to ensure filings comply with the latest agency requirements. 
• Continue Consulting Immigration Counsel: Because the litigation remains active and additional court orders could quickly alter filing requirements, employers should coordinate closely with immigration counsel before filing affected H-1B petitions. This is especially important for petitions involving consular notification or other situations previously subject to the fee.

Looking Ahead

• Appeal Will Continue: The Trump Administration is expected to continue appealing the district court’s decision on the merits. A future appellate ruling could either permanently invalidate the fee or restore the government’s authority to impose it. 
• Further USCIS Policy Changes Are Possible: USCIS may issue additional guidance as the litigation progresses or if new court orders are issued. Employers should expect filing procedures to remain subject to change until the legal challenge is fully resolved. 
• Potential Financial Implications Remain: Employers that already paid the $100,000 fee continue to face uncertainty regarding reimbursement or other relief. Future court decisions or agency guidance may address whether those payments will be refunded or credited.

The First Circuit’s decision marks a significant victory for employers challenging the $100,000 H-1B fee by allowing the lower court’s nationwide order vacating the policy to take immediate effect. For now, USCIS is prohibited from collecting the fee, but the underlying legal challenge remains ongoing. Employers should closely monitor future court decisions and forthcoming USCIS guidance, as additional developments could again alter H-1B filing requirements and financial obligations.

SOURCE: www.businessinsider.com/federal-appeals-court-rejects-trump-h1b-visa-fee-2026-7

United States Pilot Program Offers $750 Expedited B-1/B-2 Visa Appointments at U.S. Consulates in Mexico

The U.S. Department of State has launched the first phase of a pilot program allowing eligible B-1/B-2 visitor visa applicants to pay an additional $750 fee to secure a visa interview appointment within 10 business days at participating U.S. consulates in Mexico. The program is intended to reduce appointment wait times for travelers with urgent business or tourism needs, but it does not expedite visa adjudication or improve visa approval. The pilot is scheduled to run through December 31, 2026, and may expand to additional countries depending on demand and program results.

Key Points

• The $750 fee provides faster interview scheduling: Eligible B-1/B-2 applicants may pay an additional $750 to obtain a visa interview appointment within 10 business days, subject to appointment availability. The fee is optional and is paid in addition to the standard machine-readable visa (MRV) application fee. 
• Expedited appointments do not mean faster visa issuance: The pilot only accelerates access to an interview appointment and does not shorten consular processing times or administrative processing after the interview. Security checks, eligibility reviews, and any administrative processing continue under normal procedures and may still significantly delay visa issuance. 
• Program currently limited to U.S. consulates in Mexico: Mexico is the first country participating in the pilot, with expedited appointments available in limited quantities beginning in July 2026. The State Department has indicated that additional participating embassies and consulates may be announced during the pilot period. 
• Applicants must follow the standard visa application process: Individuals must first submit Form DS-160, pay the standard visa application fee, and schedule a regular appointment before selecting an eligible expedited appointment if one is available. Paying the expedited fee does not alter the substantive eligibility requirements for a B-1/B-2 visa or increase the chances of approval. 
• Pilot will be evaluated before becoming permanent: The State Department created the program to determine whether a fee-based expedited appointment system can reduce administrative burdens compared to the existing humanitarian and emergency expedite request process. After the pilot concludes on December 31, 2026, the agency will evaluate utilization, demand, and operational impacts before deciding whether to continue, modify, or expand the program.

What Employers Need to Know

• Business travel may become more predictable: Employers with employees or business visitors applying for B-1/B-2 visas through participating U.S. consulates in Mexico may benefit from significantly shorter interview wait times when urgent travel is required. 
• The expedited fee does not speed up visa adjudication: While the additional $750 fee may secure an interview within 10 business days, it does not accelerate security checks, administrative processing, or the final visa decision. 
• Availability is limited: The program is currently available only at participating U.S. consulates in Mexico, and expedited appointment slots are subject to availability. 
• Advance planning remains important: Employers should continue to plan international business travel well in advance, as expedited interview scheduling does not eliminate the possibility of post-interview processing delays.

Looking Ahead

• Pilot runs through December 31, 2026: The Department of State will evaluate the program’s effectiveness, demand, and operational impact before deciding whether to continue or modify it. 
• Expansion remains possible: If the pilot proves successful, the expedited appointment option could be expanded to additional U.S. embassies and consulates in other countries. 
• No permanent program has been announced: At this time, the expedited appointment service remains a temporary pilot, and future availability will depend on the Department of State’s assessment of the program’s results.

SOURCE: travel.state.gov/content/travel/en/News/visas-news/niv-visa-expedited-appointment-pilot-program.html

Department of Homeland Security Begins Imposing Daily Fines for Failure to Leave the United States After a Removal Order

The Department of Homeland Security (DHS) has begun aggressively enforcing civil penalties against individuals who remain in the United States after receiving a final order of removal. Under the policy, DHS is assessing fines of $998 per day regardless of whether an individual is pursuing other forms of immigration relief or has authorization to work or otherwise remain in the country. On July 23, 2026, DHS announced that it had issued more than $84 billion in civil fines through a streamlined enforcement process. The policy has already generated significant legal challenges, with advocates arguing that it violates due process and constitutional protections.

Key Points

• Daily Civil Fines Are Now Being Assessed: DHS has begun issuing civil penalties of $998 per day to individuals who remain in the United States after receiving a final order of removal. The fines may be imposed even if the individual has a pending immigration benefit request, employment authorization, or other government-issued permission to remain in the country. 
• More Than 100,000 Notices Have Been Issued: DHS has mailed over 100,000 fine notices to affected individuals as part of its expanded enforcement initiative. The letters are accompanied by informational materials encouraging recipients to voluntarily self-deport. 
• Financial Penalties Can Become Enormous: Because the fines accumulate daily, some individuals have reportedly received bills exceeding $1 million. One recipient was given only 15 days to challenge the assessment, while another individual received a demand for $579,838 despite previously receiving DHS authorization to remain in the United States after a removal order was issued in 2012. 
• Collection Efforts May Continue During Appeals: Some recipients have reported receiving additional collection notices even after filing appeals of their penalties. These notices warn that unpaid fines could affect an individual’s credit, lead to collection litigation, and be considered in future immigration proceedings.

What Employers Need to Know

• Employees May Face Significant Financial Exposure: Foreign national employees with outstanding removal orders may become subject to substantial civil penalties regardless of their current employment authorization or pending immigration applications. Employers should encourage affected employees to seek qualified immigration counsel immediately to evaluate their legal options. 
• Work Authorization Does Not Eliminate the Risk: Possessing an Employment Authorization Document (EAD) or other temporary permission to remain in the United States does not necessarily shield an individual from these civil fines. Employers should avoid assuming that an employee’s valid work authorization resolves all underlying immigration enforcement concerns. 
• Employee Relations Issues May Increase: Employees who receive these notices may experience significant financial and emotional stress that could affect workplace attendance and productivity. Employers should be prepared to respond appropriately while complying with immigration and employment laws.

Looking Ahead

• Federal Court Challenges Are Underway: Immigration advocates and attorneys have filed multiple federal lawsuits seeking to block the policy on constitutional and due process grounds. Future court decisions could limit, modify, or invalidate DHS’s authority to impose or collect these daily fines. 
• Additional Enforcement Is Possible: The administration may continue expanding enforcement efforts against individuals with outstanding removal orders through additional notices and collection actions. DHS could also increase coordination with other federal agencies responsible for debt collection and enforcement. 
• Legal Uncertainty Will Continue: As litigation progresses, questions remain regarding the implementation of the policy, the appeals process, and the government’s collection authority. Individuals who receive these notices should continue monitoring legal developments, as future court rulings may significantly affect the enforceability of the fines.

DHS’s decision to assess $998-per-day civil fines against individuals who remain in the United States after receiving a removal order represents one of the administration’s most aggressive immigration enforcement measures to date. With more than 100,000 notices already issued and over $84 billion in assessed penalties, the policy has the potential to create severe financial consequences for affected individuals while prompting significant constitutional litigation. Employers and foreign nationals should closely monitor ongoing court challenges and consult experienced immigration counsel to understand how these developments may affect their legal obligations and available options.

SOURCE: ABIL Immigration Insider, July 26, 2026

State Department Updates Global Visa Wait Times for July 2026

On July 21, 2026, the U.S. Department of State updated its global visa appointment wait times for U.S. embassies and consulates worldwide. These published wait times are estimates and do not guarantee that applicants will receive an interview within the stated timeframe. Because embassies and consulates frequently release additional appointment slots, applicants who have already scheduled an interview are encouraged to check the appointment system regularly for earlier openings and reschedule if a sooner appointment becomes available.

Global Visa Appointment Wait Times for Selected Embassies

Key Points

• Global Visa Wait Times Updated: The Department of State released updated visa appointment wait times on July 21, 2026, reflecting current estimated interview availability at U.S. embassies and consulates worldwide. These estimates help applicants understand current processing trends but are subject to change. 
• Published Wait Times Are Only Estimates: The reported wait times do not guarantee that an applicant will receive an interview within the listed period. Appointment availability varies by location and can fluctuate based on staffing, local demand, and operational conditions. 
• Additional Appointments May Become Available: U.S. embassies and consulates regularly add new interview appointments as schedules change and capacity increases. Applicants may be able to secure an earlier interview by monitoring the scheduling system frequently. 
• Rescheduling Is Encouraged When Appropriate: Applicants who have already scheduled a visa interview should continue checking for newly available appointment slots. If an earlier appointment becomes available, they may reschedule their interview to the sooner date.

What Employers Need to Know

• Visa Timing May Affect Employee Travel: Employers should recognize that visa interview availability continues to vary significantly by consular post. International business travel and employee onboarding timelines should account for potential appointment delays. 
• Encourage Employees to Monitor Appointments: Employees awaiting visa interviews should check appointment scheduling systems regularly for earlier openings. Obtaining an earlier interview may help minimize disruptions to work assignments and travel plans. 
• Build Flexibility into Workforce Planning: Because appointment availability can change without notice, employers should maintain flexibility when planning international transfers, business travel, and new hires requiring visa processing. Early planning remains the best strategy for minimizing delays.

Looking Ahead

• Wait Times Will Continue to Fluctuate: Visa appointment availability is expected to change as embassies and consulates adjust staffing levels and release additional interview appointments. Applicants should continue monitoring official Department of State updates for the latest information. 
• Consular Operations May Improve Capacity: As consular posts continue managing demand, some locations may experience shorter wait times through expanded appointment availability. However, high-demand locations may continue experiencing longer delays. 
• Regular Monitoring Remains Important: Because interview availability can improve without advance notice, applicants who frequently check for new appointments may be able to move their interviews to earlier dates. Employers and foreign nationals should remain proactive in monitoring scheduling opportunities.

The Department of State’s July 21, 2026, update provides applicants and employers with the latest estimates for global visa appointment wait times, but these figures should be viewed as general guidance rather than guaranteed timelines. Since appointment availability changes regularly and additional interview slots are often released, applicants should continue checking for earlier appointments whenever possible. Employers should also incorporate flexibility into international hiring and travel plans to accommodate changing consular processing conditions.

SOURCE: travel.state.gov/content/travel/en/us-visas/visa-information-resources/global-visa-wait-times.html

Federal Immigration Authorities Expand Airport Arrests Across the United States

Federal immigration authorities are increasingly using U.S. airports to identify and arrest individuals with unresolved immigration issues, marking a significant shift in immigration enforcement strategy. According to Department of Homeland Security (DHS) documents obtained by ABC News, Immigration and Customs Enforcement (ICE) is using information shared by the Transportation Security Administration (TSA) to locate certain travelers, including individuals who have overstayed their visas or are otherwise subject to immigration enforcement. Immigration attorneys report that the practice has resulted in arrests at airports across the country, raising concerns among advocates about due process and prompting many foreign nationals with unresolved immigration matters to carefully evaluate the risks of domestic and international air travel.

Key Points

• Airports Have Become an Enforcement Focus: ICE is increasingly conducting targeted arrests at airports by identifying individuals with outstanding immigration issues before or during travel. According to DHS documents, the agency is relying in part on passenger information shared by TSA under an existing information-sharing agreement. 
• Travelers With Unresolved Immigration Matters Are Being Detained: Individuals who have overstayed their visas or have pending immigration cases have been arrested at multiple airports across the United States. Immigration attorneys have also reported arrests involving individuals with pending immigration applications or other forms of legal relief. 
• Airport Arrests Are Becoming More Widespread: Reports indicate that arrests have occurred at major airports in states including California, Nevada, Tennessee, Colorado, and Arizona. Attorneys and advocacy organizations believe the expanded use of airport enforcement represents a broader nationwide strategy rather than isolated incidents. 
• Advocates Have Raised Due Process Concerns: Immigration advocates argue that the increased enforcement activity may discourage individuals from traveling even when they have pending immigration benefits or strong family ties in the United States. Civil rights organizations have also expressed concerns about transparency and the use of passenger data for immigration enforcement purposes.

What Employers Need to Know 

• Business Travel May Present Additional Risks: Employers should recognize that foreign national employees with unresolved immigration issues could face increased enforcement while traveling through U.S. airports. Employees should consult experienced immigration counsel before undertaking domestic or international travel if there are questions about their immigration status. 
• Pending Applications May Not Prevent Enforcement: A pending application for asylum, adjustment of status, or another immigration benefit does not necessarily prevent ICE from taking enforcement action. Employers should avoid filings that eliminate travel-related immigration risks. 
• Travel Planning Requires Greater Care: Employers should carefully evaluate whether business travel is necessary for employees with complex immigration histories or outstanding removal issues. Advance legal review may help identify potential risks and determine whether alternative arrangements are appropriate.

Looking Ahead

• Airport Enforcement Is Likely to Continue: DHS and ICE are expected to continue using airport operations as part of broader immigration enforcement efforts. Additional arrests may occur as agencies continue sharing information and expanding enforcement activities. 
• Legal Challenges May Increase: Civil rights organizations and immigration advocates may pursue additional legal challenges concerning data sharing, due process, and airport enforcement practices. Future litigation could affect how immigration authorities conduct these operations or use traveler information. 
• Travel Guidance May Continue to Evolve: As enforcement practices change, immigration attorneys are expected to continue updating their recommendations regarding domestic and international travel for foreign nationals with unresolved immigration matters. Employers and employees should closely monitor agency guidance and legal developments before making travel decisions.

The expanded use of airports as locations for immigration enforcement represents a notable change in federal enforcement strategy and may significantly affect foreign nationals with unresolved immigration matters. While the policy is intended to identify individuals subject to immigration enforcement, it has also generated concerns regarding due process, information sharing, and the treatment of individuals with pending immigration benefits. Employers should carefully assess travel plans involving foreign national employees and encourage affected individuals to obtain legal advice before traveling, particularly if there are unresolved questions about their immigration status.

SOURCE: abcnews.com/US/federal-immigration-authorities-targeting-airports-arrests/story?id=135170980