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July 2, 2026
Recent developments across federal court litigation, agency rulemaking, and consular policy are reshaping key parts of U.S. employment-based immigration. These changes affect H-1B petitions, H-2B seasonal worker filings, B-1/B-2 visa scheduling, and employment authorization documents across multiple categories. Some measures are currently in effect, while others remain subject to appeal or are still in proposed form.
On June 8, 2026, a federal district court vacated agency actions implementing Presidential Proclamation 10973, which had imposed a $100,000 supplemental fee on certain H-1B petitions. The court concluded that the fee exceeded agency authority and violated the Administrative Procedure Act due to procedural defects, including the failure to engage in proper notice-and-comment rulemaking.
At present, the $100,000 H-1B petition fee is not being enforced nationwide, and new H-1B filings are being processed under the standard USCIS fee structure. However, the government is expected to appeal the decision and may seek a stay pending appeal, which could reinstate the fee requirement on short notice.
For employers and foreign nationals, this means the legal landscape remains unsettled. Filings submitted during this period may proceed under current rules but could be affected if a stay is granted or if the appellate court ultimately reverses the decision. As a result, timing and filing strategy remain important considerations, particularly for cases involving consular processing or time-sensitive employment start dates.
McBean Law is closely tracking these developments and is well positioned to help clients plan and move forward with filings in light of ongoing litigation risk, including reviewing timing options based on current court developments, considering what could happen if the rule is reinstated on appeal, and helping structure H-1B cases in a way that reduces disruption if policy changes happen quickly.
The Department of Labor has announced a limited filing window for H-2B Temporary Labor Certification applications for employers requesting an October 1, 2026 start date. The window runs from July 3 through July 5, 2026.
The H-2B program is a temporary work visa program that allows U.S. employers to hire foreign workers when they cannot find enough U.S. workers to fill non-agricultural jobs that are seasonal, peak-load, intermittent, or for a one-time need. It is commonly used in industries like hospitality, landscaping, construction, and tourism, where staffing needs rise and fall at different times of the year. The program is limited by an annual cap set by Congress, which restricts how many H-2B visas can be issued each fiscal year.
The H-2B program remains subject to a statutory annual cap of 66,000 visas, divided equally between two halves of the fiscal year:
Unused numbers from the first half may be made available for the second half of the fiscal year.
The July filing window represents the earliest opportunity to enter the FY 2027 H-2B cap cycle, and it is often a critical point in the process for employers seeking seasonal workers. Demand is expected to significantly exceed the available supply of visa numbers, which makes timing especially important. In many cases, when and how a filing is submitted can directly affect whether it is accepted into the cap selection process. For this reason, employers typically begin preparing their filings well in advance of the opening window to ensure they are ready to file as soon as it becomes available.
McBean Law assists employers throughout the H-2B process, from early case preparation through filing strategy and compliance with Department of Labor and USCIS requirements. Our team helps ensure applications are properly prepared and submitted on time, while also identifying potential issues early so they can be addressed before filing. If you are planning for the upcoming H-2B season, we are available to help guide you through each step and keep your filing on track for the cap window.
Beginning July 1, 2026, the Department of State will implement a temporary pilot program allowing certain B-1/B-2 visa applicants to pay an optional $750 fee to access expedited interview scheduling at participating consulates. The program runs through December 31, 2026.
The program allows certain B-1/B-2 visa applicants to pay an optional $750 fee to access faster interview scheduling, with the goal of securing appointment dates within approximately 10 business days, depending on availability at participating consulates. Applicants do not need to provide a reason or show urgency to use this option.
However, the expedited fee only applies to getting an earlier interview date and does not affect how the visa application itself is reviewed or decided. It does not shorten administrative processing times, and there is no guarantee that an earlier appointment will be available even after payment. In addition, applicants will not receive a refund if they cancel or miss their appointment after selecting the expedited option.
All applicants must still complete the DS-160 form, pay the standard visa application fee, and meet all regular eligibility requirements for a B-1 or B-2 visa.
On June 5, 2026, the Department of Homeland Security published a Notice of Proposed Rulemaking that would significantly revise eligibility and renewal standards for several categories of discretionary employment authorization. The rule is not final and is currently open for public comment until August 4, 2026.
Categories potentially affected:
If finalized, the rule would make several important changes to how work permits are issued and renewed for certain groups of noncitizens. It would require biometrics for all discretionary EAD categories and give officers broader authority to deny applications based on arrests, pending charges, or other security-related concerns. The proposal would also end work authorization automatically when the underlying immigration status ends and shorten validity periods in some cases, including limiting certain EADs to one-year increments.
For renewals, applicants in affected categories would need to show proof of economic necessity and, in some situations, demonstrate employment with an E-Verify employer. The rule would also add additional restrictions for people relying on parole or deferred action as the basis for work authorization.
The proposal is not yet in effect, and current law remains unchanged. Existing EAD rules continue to apply, and the public comment period is open through August 4, 2026.
These developments reflect a period of significant movement across employment-based immigration policy. Court decisions have temporarily removed a major H-1B fee increase, while federal agencies are simultaneously exploring tighter employment authorization standards and new fee-based visa scheduling systems. At the same time, the H-2B program continues to operate under strict numerical caps that make timing critical for employers.
Given ongoing litigation, proposed rulemaking, and pilot programs, further changes are likely in the coming months. As always, McBean Law will continue to update you with these changes as they occur.
No. A federal court has vacated the agency actions that implemented the $100,000 supplemental H-1B petition fee, so it is not currently being enforced. H-1B petitions are being filed under the standard USCIS fee schedule. However, the government is expected to appeal the decision and may seek to reinstate the fee while the appeal is pending. Employers planning H-1B filings should monitor developments closely, as the legal landscape remains subject to change.
The Department of Labor has announced that employers seeking an October 1, 2026 H-2B employment start date may file Temporary Labor Certification applications during the limited window of July 3–5, 2026. Because the H-2B program is subject to an annual visa cap and demand often exceeds available visas, early preparation and timely filing are critical. Employers should begin gathering required documentation well before the filing window opens.
No. The Department of Homeland Security has issued a Notice of Proposed Rulemaking (NPRM), meaning the changes are only proposals at this stage. The proposed rule would affect several categories of discretionary employment authorization by introducing new eligibility requirements, biometric collection, and revised renewal standards. Current EAD rules remain in effect while the proposal is open for public comment through August 4, 2026, and no changes will apply unless a final rule is issued.
We help clients nationwide navigate the complex world of U.S. immigration law with confidence, compassion, and clarity. Led by Attorney LaToya McBean Pompy, a nationally recognized immigration attorney and 2024, 2025, & 2026 honoree of Best Lawyers: Ones to Watch®, McBean Law brings unmatched experience in both federal policy and courtroom advocacy. Before founding the firm in 2016, Attorney McBean Pompy worked in various roles within the U.S. Department of Justice, U.S. Congress, and both federal and state courts.
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