A federal court partially lifted a previous order blocking several U.S. Citizenship and Immigration Services (USCIS) policies related to the Annual Asylum Fee (AAF) and TPS-based work permits. The result: The penalties for failure to pay the asylum fee remain blocked, but USCIS can now implement the reduced work permit validity period for TPS recipients that it had previously been prevented from implementing.
How did we get here? Back on July 21, 2026, the U.S. District Court for the District of Massachusetts issued an administrative stay in Venezuelan Association of Massachusetts v. USCIS. Judge Nathaniel Gorton found that TPS beneficiaries were about to lose work authorization and asylum applicants were facing rejected applications, so he put a temporary hold on the whole set of challenged policies while he sorted out the merits. Those policies all trace back to H.R. 1, the Reconciliation Act of 2025, better known as the One Big Beautiful Bill Act, and to USCIS’s annual asylum fee rollout.
That wasn’t intended to be the final ruling on the matter, and Judge Gorton followed up on August 5 with a more deliberate order that split the difference. He allowed USCIS to proceed with the one year cap on TPS based EADs, so that cap now applies even to 540 day automatic extensions that were issued in the past. However, he continued to block portions of the April 20, 2026 Interim Final Rule that instituted the asylum fee, finding that denying applications or initiating removal proceedings based on failure to pay a fee alters immigrants’ substantive rights, and should have been subject to notice and comment rulemaking.
Actions Still Blocked
While the case continues, USCIS cannot:
- Reject a pending asylum application solely because the applicant didn’t pay the annual asylum fee.
- Terminate an asylum applicant’s work authorization solely for nonpayment of the fee.
- Initiate removal proceedings based only on the fee going unpaid.
Actions Not Blocked Anymore
USCIS may now enforce the one year cap on TPS related EADs, including applying it to extensions that were issued before the cap took effect. Employers should follow current USCIS guidance on TPS EAD automatic extensions and I-9 reverification going forward, rather than relying on the July 21 order.
Actions Never Blocked At All
The court order doesn’t stop USCIS from collecting the annual asylum fee itself. Anyone who’s already received a payment notice still needs to pay according to USCIS’s instructions. Every other fee and requirement under H.R. 1 remains in force unless a court blocks it specifically.
This is still a temporary ruling rather than a final one, and the litigation is ongoing.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.