Issue 1 · September 21, 2026 – October 24, 2026
Supreme Court takes up no-bond detention case, H-1B $100,000 fee blocked again, several immigration fees rise
Issue 1 covers changes from September 21 to October 24, 2026: the Supreme Court agreed to hear cases on mandatory detention and third-country removals; the BIA issued a series of precedents on asylum, continuances, reopening and bond; a federal court again blocked the H-1B $100,000 fee; fees rose at USCIS, the immigration courts, ESTA/EVUS and for EB-5; and the November Visa Bulletin advanced China EB-1 and EB-3.
- The Supreme Court agreed to hear Rhoney v. Barbosa da Cunha, which will decide whether people who entered without inspection and were arrested inside the United States can seek release on bond; the en banc Fifth Circuit has already ruled against detainees.
- On September 30, a federal district court in the Northern District of California preliminarily barred enforcement of the H-1B $100,000 fee policy; the President had earlier extended the restriction proclamation to September 21, 2027.
- The BIA issued several precedents: a pending U visa no longer creates a presumption in favor of a continuance, affidavits supporting a motion to reopen need not be presumed true, and when a hearing notice is returned the court need not look for another address.
- Fees: annual asylum fee $105 and initial work permit $570 (from October 16); BIA appeal $1,060 (from October 1); EB-5 Form I-526E rising to $7,850 (from November 30).
Rules & policy · BIA & Attorney General precedent · Immigration courts (EOIR) · Supreme Court · Courts of appeals · District courts · ICE enforcement · Forms · Fees · 38 items
