gobordaGlobal mobility intelligence
Work & skilled workersCourt DecisionCritical impactVerified

Court Issues Administrative Stay of Certain USCIS Policies Related to H.R. 1

🇺🇸 United StatesCourt Decisions1 recorded versionLast change 11 Aug 2026
ConfidenceVery high · 95%

Current rules

The administrative stay dictates that: any TPS-based Employment Authorization Document (EAD) previously extended shall maintain its prior expiration date, asylum applications will not be rejected solely for failure to pay the annual asylum fee (AAF), work authorisation will not be terminated solely due to AAF non-payment, and removal procedures will not be initiated based solely on AAF non-payment. USCIS is still permitted to collect the AAF, and all other fees and requirements of H.R. 1 remain in effect.

Overview

On 21 July 2026, the U.S. District Court for the District of Massachusetts issued an administrative stay impacting certain USCIS policies derived from H.R. 1, the Reconciliation Act of 2025. This order temporarily prevents the application of H.R. 1 to TPS-based EAD expiration dates and stops specific adverse actions (application rejection, work authorisation termination, removal proceedings) related to the annual asylum fee's non-payment. USCIS will comply with this order, though it can still collect the annual asylum fee.

Who is affected by the latest change

  • TPS beneficiaries with previously extended EADs
  • Pending asylum applicants subject to the annual asylum fee
  • Asylum applicants whose work authorisation could be affected by nonpayment
  • People potentially subject to removal solely because of nonpayment of the annual asylum fee

What changed in the latest version

Before

H.R. 1, the Reconciliation Act of 2025, led to several United States Citizenship and Immigration Services (USCIS) policies. These policies applied H.R. 1 to the expiry deadlines of Employment Authorisation Documents (EADs) based on Temporary Protected Status (TPS). This could change earlier expiry dates. USCIS also rejected asylum applications if someone did not pay the yearly asylum fee, called the Annual Asylum Fee (AAF). They ended work permits if the AAF was not paid. They started removal procedures solely because a person, legally called an alien, did not pay the AAF.

After

The temporary order states the following: Any Employment Authorisation Document (EAD) based on Temporary Protected Status (TPS) that was extended before must keep its earlier expiry date. United States Citizenship and Immigration Services (USCIS) will not reject asylum applications solely because someone did not pay the yearly asylum fee, called the Annual Asylum Fee (AAF). Work permits will not end solely because the AAF was not paid. Removal procedures will not start solely because the AAF was not paid. USCIS is still allowed to collect the AAF. All other fees and requirements from H.R. 1 remain in force.

This court order offers temporary help for people who have Temporary Protected Status (TPS) and for asylum applicants waiting for a decision. It keeps earlier expiry dates valid for Employment Authorisation Documents (EADs) based on TPS. It also prevents serious outcomes, such as application rejection, loss of work permission, or removal, for people who have not paid the yearly asylum fee. The order makes it clear that while the fee can still be collected, certain punishments cannot happen solely because of unpaid fees. This gives vital relief to people in difficult situations.

Explained simply

Imagine there's a new rule book (H.R. 1) for people trying to stay in the U.S., which made some things harder, like needing to pay a yearly fee for asylum or changing when your work permit runs out if you have special protection. But a judge just said, 'Hold on, let's pause some of these new rules.' So, for now, if you have a special work permit, its original expiry date is still good, and you won't get your asylum application thrown out or lose your right to work just because you haven't paid that new yearly fee yet. You still have to pay the fee if they tell you to, but they can't kick you out or stop your process just for that reason right now.

Frequently asked

Version history

  1. v3Effective 21 Jul 2026Court DecisionCritical impact
    Court Issues Administrative Stay of Certain USCIS Policies Related to H.R. 1

    A United States District Court has temporarily stopped certain United States Citizenship and Immigration Services (USCIS) policies. These policies came from H.R. 1, which is the Reconciliation Act of 2025, also known as the One Big Beautiful Bill Act. This temporary stop prevents H.R. 1 from affecting the expiry dates of Employment Authorisation Documents (EADs) based on Temporary Protected Status (TPS). It also stops USCIS from rejecting asylum applications or ending work permits just because someone did not pay the yearly asylum fee. USCIS cannot start removal procedures solely because someone did not pay this fee. However, USCIS can still collect the yearly asylum fee.

Timeline

  1. Announced

    23 Jul 2026

    On 21 July 2026, the U.S. District Court for the District of Massachusetts issued an administrative stay impacting certain USCIS policies derived from H.R. 1, the Reconciliation Act of 2025. This order temporarily prevents the application of H.R. 1 to TPS-based EAD expiration dates and stops specific adverse actions (application rejection, work authorisation termination, removal proceedings) rela

  2. Takes effect

    21 Jul 2026

    The administrative stay dictates that: any TPS-based Employment Authorization Document (EAD) previously extended shall maintain its prior expiration date, asylum applications will not be rejected solely for failure to pay the annual asylum fee (AAF), work authorisation will not be terminated solely due to AAF non-payment, and removal procedures will not be initiated based solely on AAF non-payment

Other routes in this country

1 / 6