Immigration law updates

What changed

On September 30, 2026, USCIS announced the yearly inflation adjustment to the fees created by the 2025 budget law (H.R. 1). The new amounts take effect on October 16, 2026. The fee for an initial work permit based on a pending asylum application, parole or Temporary Protected Status is one of them; the current amount is on the USCIS fee schedule. USCIS says any request postmarked on or after October 16 without the correct fee will be rejected.

On October 7, 2026, USCIS changed the filing location for Form I-765, the work permit application. Forms mailed to the old address are accepted only if postmarked on or before November 9, 2026. The current address depends on the reason you are filing, and it is listed on the USCIS direct filing addresses page.

The automatic extension for renewals is gone for most categories. A renewal filed on or after October 30, 2025 no longer extends the old card while the new one is pending, except where a law or a Federal Register notice says otherwise, as with some TPS-related permits. On October 2, 2026, USCIS updated its Policy Manual to reflect this and added a new category for people with a pending bona fide application for T nonimmigrant status.

Form editions: under a court order of September 14, 2026, USCIS continues to accept the 08/21/25 edition of Form I-765 and is not accepting the 09/15/26 edition. Check the edition date on the form before you file.

What it means for you

• If your card expires in the coming months, file the renewal as early as the rules allow. Without the automatic extension, a late renewal means a gap in your authorization to work.
• Check the filing address on the day you mail, and the fee on the current USCIS fee schedule. A wrong address or a short fee is a rejection, not a delay.
• Keep a copy of everything you send and the proof of mailing.

Proposed, not in force

A proposed rule published on June 5, 2026 would require USCIS to find that an applicant deserves a work permit as a matter of discretion in several categories that today are granted when the requirements are met. It is a proposal. Until a final rule is published with an effective date, the current rules apply.

What changed

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, published the next day. It states that adjustment of status, the process of getting permanent residence without leaving the United States, is a matter of discretion and administrative grace, and an extraordinary form of relief. USCIS's announcement says that a person who is here temporarily and wants a green card must return to their home country to apply, except in extraordinary circumstances, and that officers are directed to consider all relevant factors case by case.

The memo treats an attempt to adjust by someone who was admitted as a visitor, or paroled, and then stayed instead of leaving, as a factor that can weigh against them. It notes exceptions for visa categories that allow immigrant intent.

Two more changes land on family cases. Revised public charge guidance took effect on September 18, 2026, and governs how an officer reviews the sponsor's affidavit of support and the applicant's circumstances. And on August 5, 2026, USCIS revised its guidance on requests for evidence and notices of intent to deny, and now directs officers to suggest DNA testing when the documents for a claimed family relationship are not enough.

What it means for you

The law on who may adjust did not change. The spouse, parent or unmarried child under 21 of a U.S. citizen who entered lawfully is still eligible to apply. What changed is how much weight the officer gives to everything else: how you entered, whether you overstayed, whether you worked without authorization, and what you have done since.

• If your application is pending, the memo applies to the decision, not only to new filings. The file can still be strengthened with evidence of the positive factors in your life.
• If you have not filed yet, the choice between adjusting here and processing at a consulate deserves a real assessment, including whether leaving would trigger a bar and whether a waiver would be needed.
• A denial can also affect a child whose age was protected while the application was pending. Families with a child close to 21 should raise this before filing.
• Marriage cases should expect closer scrutiny of the relationship evidence, and possibly a request for DNA testing in parent-child cases.

The annual asylum fee

Since the 2025 budget law, an asylum application that has been pending for a year or more owes a fee for each year it remains pending. USCIS bills it by notice. The amount goes up on October 16, 2026, under the inflation adjustment USCIS announced on September 30; the current figure is on the USCIS fee schedule. No fee waiver is allowed.

Under the rule in force since May 29, 2026, an applicant who does not pay within 30 days of USCIS's notice loses the case: USCIS rejects the pending asylum application, denies any pending work permit application based on it, ends existing work authorization immediately, and, for a person without status, begins removal. In immigration court, the judge or the Board issues a written order about payment, and the fee is paid through the EOIR Payment Portal. Since February 23, 2026, EOIR accepts only electronic payment.

Interviews since August 21, 2026

• An asylum interview is rescheduled only for exceptional circumstances, and USCIS no longer sends a warning notice after a missed interview. Missing one without a timely request, before the date or within 10 days after, can mean dismissal for someone in lawful status or referral to an immigration judge for someone without it.
• Evidence must reach the asylum office 14 days before the interview. Late evidence can be excluded, or the interview rescheduled, which can affect the work permit clock.
• A missed biometrics appointment must be rescheduled within 10 days, with exceptional circumstances shown.

Work permits for asylum applicants

The current rule has not changed: you may file for a work permit 150 days after the asylum application was filed, and it can be approved once the application has been pending 180 days, not counting delays you caused. If asylum is denied, the work permit ends immediately.

A proposed rule published on February 23, 2026 would move the wait to 365 days, give USCIS 180 days to decide the permit, and pause new initial permits whenever asylum processing takes longer than 180 days. Comments closed on April 24, 2026. As of this update no final rule has been published, so the 150-day rule still applies. We will report here when that changes.