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• DHS Rule Allows Certain Asylum Cases to Move Directly to Immigration Court
• USCIS Extends Automatic Work Authorization for Certain Burma TPS Beneficiaries
• USCIS Extends TPS Work Authorization for Syria and Somalia
• USCIS Extends Haiti TPS Work Authorization Through July 27
• Appeals Court Leaves District Court Decision Vacating $100,000 H-1B Fee in Place

DHS Rule Allows Certain Asylum Cases to Move Directly to Immigration Court

The Department of Homeland Security has issued a final rule that allows USCIS asylum officers to bypass asylum interviews in certain cases and instead refer applicants directly to immigration court. The change is intended to streamline the asylum process by expediting cases where an officer determines an applicant is barred from asylum, is statutorily ineligible, or does not merit asylum as a matter of discretion.

Under the new rule, asylum officers will retain authority to conduct interviews in eligible cases but may forgo that step when they conclude an application cannot be approved based on the information available. Individuals whose cases are referred to immigration court will have the opportunity to present their claims before an immigration judge, who will make the final determination on eligibility for asylum and any other available forms of relief.

DHS stated that the rule is designed to improve efficiency, reduce case backlogs, and direct agency resources toward applications that require full asylum interviews. The change is part of the administration’s broader effort to accelerate immigration proceedings and increase enforcement efficiency.

Impact: The new rule may shorten processing times for some asylum cases by moving certain applications more quickly into immigration court proceedings. Employers and individuals working with asylum applicants should be aware that eligible cases could reach removal proceedings sooner, making timely legal guidance and case preparation increasingly important.

USCIS Extends Automatic Work Authorization for Certain Burma TPS Beneficiaries

U.S. Citizenship and Immigration Services has announced a brief extension of employment authorization for certain Temporary Protected Status beneficiaries from Burma (Myanmar). Eligible Employment Authorization Documents will now remain valid through August 3, 2026, providing temporary continuity of work authorization while related litigation and court orders remain in effect.

The extension applies automatically to TPS-related EADs bearing original expiration dates of November 25, 2022, May 25, 2024, or November 25, 2025. The previous automatic extension was scheduled to expire before USCIS issued this latest notice.

The agency’s action follows ongoing litigation challenging the termination of Burma’s TPS designation and recent court decisions affecting TPS-related employment authorization. It also reflects USCIS’s obligation to comply with a July 21 federal court order concerning automatic EAD extensions for certain TPS beneficiaries who timely filed renewal applications before October 30, 2025.

USCIS has indicated that the extension is temporary, and additional guidance may be issued as court proceedings continue.

Impact: The short-term extension helps prevent immediate employment authorization interruptions for eligible Burma TPS beneficiaries and their employers. Because the extension is only in effect through August 3, 2026, employers should continue monitoring USCIS announcements and verify work authorization requirements as additional court decisions and agency guidance become available.

USCIS Extends TPS Work Authorization for Syria and Somalia

U.S. Citizenship and Immigration Services has announced additional short-term extensions of employment authorization for certain Temporary Protected Status beneficiaries from Syria and Somalia. Eligible Employment Authorization Documents issued under the TPS designations for Syria are now valid through July 27, 2026, while eligible Somalia TPS EADs are extended through July 29, 2026.

The extensions apply automatically to qualifying beneficiaries whose EADs bear specific original expiration dates. For Syria, the extension covers EADs originally expiring on March 31, 2021; September 30, 2022; March 31, 2024; and September 30, 2025. For Somalia, eligible EADs are those with original expiration dates of March 17, 2023; September 17, 2024; and March 17, 2026.

USCIS stated that the temporary extensions are necessary while litigation involving TPS designations continues. The agency is also complying with a recent federal court order concerning automatic EAD extensions for certain TPS beneficiaries who timely filed renewal applications before October 30, 2025.

The agency has indicated these are temporary measures, and additional updates may be issued as court proceedings continue.

Impact: The brief extensions help avoid immediate disruptions in employment authorization for eligible TPS beneficiaries from Syria and Somalia. Employers should continue monitoring USCIS announcements and verify work authorization documentation, as additional court decisions or agency guidance could result in further changes over the coming weeks.

USCIS Extends Haiti TPS Work Authorization Through July 27

U.S. Citizenship and Immigration Services has announced another short-term extension of employment authorization for certain Temporary Protected Status beneficiaries from Haiti. Eligible Employment Authorization Documents will now remain valid through July 27, 2026, providing continued work authorization while litigation surrounding the termination of Haiti’s TPS designation continues.

The extension applies automatically to eligible TPS beneficiaries whose EADs bear one of several specified original expiration dates, including July 22, 2017, January 22, 2018, July 22, 2019, January 2, 2020, January 4, 2021, October 4, 2021, December 31, 2022, February 3, 2023, June 30, 2024, August 3, 2024, August 3, 2025, and February 3, 2026.

USCIS has issued a series of brief automatic extensions following the U.S. Supreme Court’s June 25, 2026 decision permitting the Department of Homeland Security to move forward with plans to terminate TPS for Haiti and Syria. The agency stated that the temporary extensions are intended to preserve employment authorization while the courts complete the legal process following the Supreme Court’s ruling. USCIS has indicated that additional updates may be issued as litigation progresses.

Impact: The latest extension helps prevent immediate interruptions to employment authorization for eligible Haiti TPS beneficiaries and provides employers with short-term certainty while the legal process continues. Because the extension is temporary, employers and affected individuals should closely monitor future USCIS announcements for additional guidance or changes to work authorization eligibility.

Appeals Court Leaves District Court Decision Vacating $100,000 H-1B Fee in Place

A federal appeals court has declined to stay a district court ruling that invalidated the $100,000 supplemental fee previously imposed on certain H-1B petitions. The First Circuit concluded that the government had not demonstrated it was likely to succeed on appeal, allowing the lower court’s decision to remain in effect while the litigation continues.

As a result, U.S. Citizenship and Immigration Services is currently prohibited from collecting the $100,000 fee on affected H-1B petitions. The fee had applied to certain petitions filed for beneficiaries requiring consular notification or that otherwise could not be approved through a change or extension of status.

USCIS is expected to issue updated filing guidance and instructions reflecting the court’s decision. It remains unclear how the agency will address petitions for which the supplemental fee has already been paid, and further guidance may be issued in the coming days.

Although the fee is no longer enforceable at this time, the Trump administration is expected to continue appealing the district court’s ruling. Until the litigation is resolved, the legal status of the supplemental fee remains subject to future court decisions.

Impact: The appeals court decision provides temporary relief for employers filing affected H-1B petitions by preventing USCIS from collecting the $100,000 supplemental fee while the case proceeds. Employers should monitor future USCIS guidance and consult immigration counsel before filing petitions that may have previously been subject to the fee, as additional court rulings could alter the current requirements.