How much does an immigration lawyer cost? — There are two bills: the lawyer's fee, which each lawyer sets (flat, hourly or per consult) and must explain to you, and the government filing fees, which are fixed by regulation. A marriage green card filed inside the US, for example, carries $2,115 in USCIS fees for the I-130 and I-485 alone, before any lawyer's fee.
Do I need an immigration lawyer? What the rules say — No federal rule requires you to hire anyone to file with USCIS; the regulations say a person "may be represented". If you do get help, only attorneys, DOJ-accredited representatives and a few narrow categories may represent you. Whether to get one is your decision; this page sets out the rules and deadlines that bear on it.
Do I need a lawyer for a marriage green card? — No rule requires one. A spouse filing inside the US pays $675 for the I-130 and $1,440 for the I-485 (age 14+). If the green card is granted on a conditional basis, the I-751 must be filed in the 90 days before its second anniversary, or permanent residence ends automatically.
Do I need a lawyer to apply for US citizenship? — No rule requires one. The N-400 fee is $760 on paper, $380 at or below 400% of the poverty guidelines, and it can be waived. The core test in 8 CFR 316.2 is five years as a permanent resident with 30 months' physical presence, or three years and 18 months for a spouse living with a US citizen (8 CFR 319.1).
Do I need a lawyer for a K-1 fiancé(e) visa? — No rule requires one. The K-1 runs in three stages: the I-129F petition ($675), the State Department K visa ($265), and, after the wedding, the I-485 green card application ($1,440 at 14+). The couple must have met in person within two years before filing, and the marriage must take place within 90 days of entry.
Who can legally give US immigration advice? — Attorneys in good standing and DOJ-accredited representatives of recognized non-profits can advise and represent you; a few narrow categories can appear unpaid. Notaries, notarios and immigration consultants cannot give immigration legal advice. Form preparers may only fill in blanks for a nominal fee.
Notario vs. immigration lawyer: what a notary can't do — In the United States a notary public (notario público) is not a lawyer and may not give immigration legal advice or represent you. Federal rules limit representation to attorneys, DOJ-accredited representatives and a few narrow categories.
Notario público vs. abogado de inmigración en Estados Unidos — En Estados Unidos un notario público no es abogado y no puede darle asesoría legal de inmigración ni representarle. Solo un abogado con licencia o un representante acreditado por el Departamento de Justicia (DOJ) puede hacerlo.
What is a DOJ accredited representative? — An accredited representative is a non-attorney the Department of Justice has approved to represent people in immigration matters, working only through a DOJ-recognized non-profit. 'Full' accreditation covers USCIS, immigration court and the BIA; 'DHS only' covers USCIS and the rest of DHS.
Free ($0) and low-cost immigration legal help: where it comes from — Legal help at $0 or low cost comes mainly from three official sources: EOIR's List of Pro Bono Legal Service Providers (for people in immigration court), DOJ-recognized non-profits with accredited representatives, and supervised law school clinics. Government filing fees usually still apply.
How to check an immigration lawyer's license — Ask which state licenses the lawyer, look them up on that state's bar or court register, then check EOIR's List of Currently Disciplined Practitioners. For a non-lawyer accredited representative, check the EOIR roster instead.
How to choose an immigration lawyer: 10 checks — Check the licence and discipline record, confirm who will do the work, get the scope and fee in writing, and walk away from guarantees. These ten checks are facts you can verify; the decision is yours.
Questions to ask at an immigration lawyer consultation — A first consult is your chance to confirm that the person is allowed to represent you, to get the scope and fee in writing, and to learn who will do the work and how you will hear about notices. The rules behind each question are quoted below, with sources.
Immigration scams: warning signs and where to report them — Only attorneys and DOJ-accredited representatives may give immigration legal advice, USCIS forms are available at no cost on its website, and USCIS does not take payment by gift card or by apps such as Venmo. If you have paid a scammer, report to the FTC and your state consumer protection office.
Work visas
The H-1B weighted lottery: how wage level sets the number of entries, and the rules that tie the registration to the petition — Since the fiscal year 2027 cap season, when USCIS has more H-1B registrations than it needs it enters each beneficiary in the draw once, twice, three or four times depending on the OEWS wage level (I to IV) that the offered wage equals or exceeds (8 CFR 214.2(h)(8)(iii)(A)(4)). The registration must be accurate, the later petition must match it, and the fee is $215 per registration. This page explains the rule; it does not predict anyone's chances.
H-1B fees in 2026: every charge an employer pays, with the rule behind each one — For a new cap-subject H-1B, the fee schedule as at 10 October 2026 has a $215 registration fee, a $780 petition fee ($460 for a small employer or nonprofit), a $600 Asylum Program Fee ($300 or none for the same groups), a $1,500 ACWIA fee ($750 for 25 or fewer employees), a $500 fraud fee, and for some employers a $4,000 9-11 fee, plus optional premium processing at $2,965. The $100,000 payment and a PROPOSED $103,265 fee are separate items, covered on their own pages.
EB-2 national interest waiver: what the statute, the regulation and USCIS's three-prong test say, and what it costs — An EB-2 national interest waiver (NIW) lets a person who qualifies for the EB-2 category as an advanced-degree professional or a person of exceptional ability ask USCIS to waive the job offer and labor certification, and file the I-140 as a self-petitioner. USCIS applies a three-prong test: substantial merit and national importance, well positioned to advance the endeavor, and on balance a benefit to waive the job offer. The I-140 fee is $715 plus a $600 Asylum Program Fee, and premium processing is $2,965 with a 45-business-day timeframe.
O-1 visa: the criteria, who files, what it costs and how long it lasts, as the regulations set them out — The O-1 is a temporary work classification for a person with extraordinary ability, and it can only be sought by a US employer or US agent, never by the worker alone. The regulation sets criteria by field, requires a written advisory opinion from a peer group or union, and caps a petition at 3 years. The base I-129 fee for an O petition is $1,055 (as at 10 October 2026), plus the $600 Asylum Program Fee and any premium processing.
PERM labor certification: the steps before the I-140, from 20 CFR 656 and the Department of Labor — PERM is the Department of Labor process an employer must complete before filing an I-140 for most employment-based green cards. The order is fixed: a prevailing wage determination, recruitment and a notice of filing, then the ETA Form 9089, then the I-140 within 180 days of certification. Recruitment is done by the employer, and the rules bar the employer from seeking payment for it.
EB-5 fees from 30 November 2026: the new amounts, what changes for investors and regional centers, and the court stay behind today's fees — A final rule published on 30 September 2026 (91 FR 61940) sets new EB-5 fees for anything postmarked on or after 30 November 2026: $7,615 for Form I-526, $7,850 for an initial I-526E, $5,000 for Form I-829 and $44,115 for an initial regional center application. Until then, USCIS is collecting the fees that applied before 1 April 2024, because of a 2025 court order, not the higher amounts printed in 8 CFR 106.2.
L-1 visa: who qualifies, what the petition costs, and how the $4,500 9-11 fee now applies to extensions — The L-1 lets a company transfer a manager, executive or specialized-knowledge employee from an overseas office to a related US office, if the person worked abroad for the company for one continuous year in the previous three. The base I-129 fee is $1,385 (as at 10 October 2026), plus a $500 fraud fee and a $600 Asylum Program Fee. A $4,500 9-11 fee applies to covered employers and, from 9 September 2026, to every extension petition.
H-1B request for evidence: what the regulations say about specialty occupation, wages, worksites and the response deadline — An H-1B RFE gives at most twelve weeks to respond and no extensions (8 CFR 103.2(b)(8)(iv)). The regulations behind the usual questions are the specialty occupation definition and four criteria in 8 CFR 214.2(h)(4), the bona fide position and third-party rules, and the required-wage rule in 20 CFR 655.731. This page sets them out without telling anyone how to respond.
I-140 denied: what the regulations say about the appeal, a motion, the priority date and a pending I-485 — 8 CFR 204.5(n)(2) makes an I-140 denial in the main employment-based classifications "appealable to the Associate Commissioner for Examinations," which is the AAU route on Form I-290B ($800) within 30 days of service. 8 CFR 204.5(e)(3) says "A denied petition will not establish a priority date." A pending I-485 that rests on the petition is affected.
Family immigration
Green card through marriage: the forms, the fees and the steps — A marriage green card starts with a Form I-130 petition ($675 on paper), then runs either through adjustment of status inside the United States (Form I-485, $1,440) or an immigrant visa from abroad (State Department fees $325 plus the $235 USCIS immigrant fee). A marriage less than 24 months old when status is granted produces a two-year conditional green card, which must be removed with Form I-751 ($750) in the 90 days before the second anniversary.
Adjustment of status vs consular processing: how the two routes differ — Adjustment of status (INA 245, Form I-485, $1,440) is a green card application made inside the United States to USCIS; consular processing (Form DS-260, $325 plus the $235 USCIS immigrant fee) is an immigrant visa application made abroad. The law, not preference, decides who can use which: adjustment requires an inspected admission or parole, a visa immediately available and no bar in 8 U.S.C. 1255(c).
How to read the Visa Bulletin and priority dates — The Department of State's monthly Visa Bulletin lists cut-off dates by preference category and country of chargeability. A visa is available when your priority date is earlier than the cut-off date, or the bulletin shows 'C'. Immediate relatives of US citizens are not subject to the queue. This page explains how to read the bulletin; it does not quote current dates or predict movement.
Form I-751: removing the conditions on a two-year green card — A green card based on a marriage of under 24 months at approval is conditional. The I-751 ($750) must be filed in the 90 days before the card's second anniversary (8 CFR 216.4(a)(1)). Missing the window terminates status unless USCIS accepts good cause for late filing.
K-1 visa cost in 2026: USCIS and State Department fees — The government fees are $675 for the I-129F (USCIS) and $265 for the K visa (State Department), then $1,440 for the I-485 after the wedding for an applicant 14 or older. That is $2,380 before medical exams, translations, optional work permits or travel documents.
Marriage green card cost in 2026: inside the US vs abroad — For the spouse of a US citizen, the I-130 is $675. Inside the US the I-485 adds $1,440. Abroad, the State Department immigrant visa fee is $325 and USCIS's immigrant fee is $235. A marriage under 24 months old at approval leads to a conditional card and a later I-751 at $750.
Form I-864 Affidavit of Support: who signs, the income test, how long it lasts — The I-864 is a contract in which the sponsor agrees to maintain the immigrant at 125% of the Federal Poverty Guidelines (100% for armed-forces sponsors of a spouse or child). It has no USCIS fee. It ends at citizenship, 40 qualifying quarters, death or departure, not at divorce.
Form I-601A provisional waiver: the $795 fee and how it works — The I-601A ($795) lets some people in the US ask USCIS to waive the 3- and 10-year unlawful-presence bars before leaving for a consular interview. The statute requires extreme hardship to a US citizen or permanent-resident spouse or parent. It takes effect only after departure and a consular interview.
The marriage green card interview: what the regulations require, what USCIS reviews and what happens if you miss it — 8 CFR 245.6 says each adjustment applicant "shall be interviewed by an immigration officer," with limited exceptions. The regulations set out the evidence of a genuine marriage and the fraud bar, but they do not script the questions. A missed interview can lead to the benefit request being considered abandoned and denied (8 CFR 103.2(b)(13)(ii)).
Fees and costs
USCIS fees, October 2026: every main form — As at 9 October 2026 the paper fee is $675 for the I-130, $1,440 for an adult I-485, $520 for a standard I-765, $750 for the I-751 and $760 for the N-400. Four fees rise on 16 October 2026, EB-5 fees change on 30 November 2026, and several changes are only proposed.
Form I-130 filing fee 2026: what it is and who pays — The USCIS fee for Form I-130, Petition for Alien Relative, is $675 on paper as at 9 October 2026 (8 CFR 106.2(a)(6)), whichever relative the petition is for. It cannot be waived, filing fees are generally non-refundable, and the I-130 is not on the 16 October 2026 increase list.
Form I-485 fee 2026: adults, children and add-on forms — As at 9 October 2026 the paper fee for Form I-485 is $1,440 for an applicant 14 or older and $950 for a child under 14 filing with a parent (8 CFR 106.2(a)(21)). A fee waiver is available only to people exempt from the public charge ground, and related forms carry their own fees.
Form I-765 fee 2026: $520, $260, $570 or no fee — The standard paper fee for Form I-765 is $520 (8 CFR 106.2(a)(44)). It is $260 with a pending I-485 filed with a fee after 1 April 2024, some groups pay nothing, and a statutory fee applies to initial asylum, parole and TPS work permits, rising from $560 to $570 on 16 October 2026.
Advance parole (Form I-131): the fee and the travel rules — Advance parole, a reentry permit and most other travel documents on Form I-131 cost $630 under 8 CFR 106.2(a)(7)(iii); refugee travel documents cost $165 (age 16 or older) or $135. Under 8 CFR 245.2(a)(4)(ii), leaving the US while an adjustment application is pending is treated as abandoning it unless advance parole was granted first and the person was inspected on return.
Form I-90: replacing or renewing a green card — Form I-90 costs $465 under 8 CFR 106.2(a)(1), with no fee if the card never arrived, carries a DHS error, or the holder turned 14 and the card expires after their 16th birthday. 8 CFR 264.5(b) lists when a permanent resident shall apply, including when the card is lost, stolen, mutilated, or will expire within six months.
USCIS premium processing fees from 1 March 2026 — Since 1 March 2026 the premium processing fee on Form I-907 is $1,780, $2,075 or $2,965 depending on the category (8 CFR 106.4(c)). USCIS must act within 15, 30 or 45 business days or refund the fee, except where it opens a fraud investigation. The fee cannot be waived and must be paid in addition to the filing fee.
USCIS fee waiver (Form I-912): which forms qualify and how it works — Only the fees listed in 8 CFR 106.3(a)(3) can be waived, and the green card petition for a relative (I-130) and advance parole are not on the main list. Inability to pay is shown by a means-tested benefit, household income at or below 150% of the poverty guidelines, or extreme financial hardship. A denial cannot be appealed.
Filing online with USCIS: the $50 discount, mandatory e-filing and payment rules — Under 8 CFR 106.1(g), forms filed online cost $50 less than the 106.2 fee unless the regulation says otherwise. Since 11 August 2026 USCIS may require a form to be e-filed once it has been available online for 180 days and USCIS has given 60 days' notice. Fees must come from a US bank in US currency.
Asylum and humanitarian
TPS in 2026: how Temporary Protected Status works, the fees, and the Federal Register notices country by country — Temporary Protected Status is granted to nationals of countries DHS designates, for set periods, and it ends when DHS publishes a termination notice. The I-821 fee rises from $510 to $520 and the first TPS work permit from $560 to $570 for requests postmarked on or after 16 October 2026. Every country's position is set by its own Federal Register notice, so check the USCIS TPS page before acting.
U visa: who it covers, the law enforcement certification, no filing fee, and the annual cap — U nonimmigrant status is for victims of listed crimes who suffered substantial abuse and have been, are or are likely to be helpful to the authorities. The petition (Form I-918) needs a signed certification from a certifying agency, has no filing fee, and principals are capped at 10,000 a year, with a waiting list and deferred action when the cap is reached. Confidential support is available 24/7 from the National Domestic Violence Hotline (1.800.799.7233) and the National Human Trafficking Hotline (1-888-373-7888).
T visa for trafficking survivors: the requirements, how it differs from the U visa, and what happens after approval — T nonimmigrant status is for victims of a severe form of trafficking in persons who are in the United States because of it, who have complied with reasonable law enforcement requests (unless under 18 or unable because of trauma), and who would suffer extreme hardship involving unusual and severe harm if removed. There is no filing fee, and principals are capped at 5,000 a year. The National Human Trafficking Hotline is 24/7 and confidential: 1-888-373-7888.
VAWA self-petition (Form I-360): who can file, what must be shown, and what an approval does — A VAWA self-petition lets certain spouses, children and parents of abusive U.S. citizens or permanent residents ask for immigrant classification without the abuser's involvement or knowledge. The statute is 8 U.S.C. 1154(a)(1); the form is I-360, and there is no filing fee. An approval gives classification, not status: a green card comes through a separate step. The National Domestic Violence Hotline is confidential and open 24/7 at 1.800.799.7233.
DACA in 2026: renewals are processed, initial requests are held, and what the rule says — As the USCIS DACA page stands, USCIS continues to accept and process DACA renewal requests, and continues to accept initial requests but does not process them at this time, following a Fifth Circuit decision of 17 January 2025 and a Texas injunction. DACA is deferred action for two years, not lawful status. The DACA fee is $85 on Form I-821D plus the work permit, and USCIS says the DACA fees cannot be waived.
Asylum fees in 2026: the $100 filing fee, the annual asylum fee ($105), and what happens if one is not paid — Filing Form I-589 carries a $100 statutory asylum fee, and each calendar year the application stays pending an annual asylum fee is due: $105 under the fiscal year 2027 adjustment (EOIR from 1 October 2026; USCIS requests postmarked on or after 16 October 2026). Neither can be waived, an unpaid annual fee leads to rejection of the application, and a rejected application's filing fee is kept.
The asylum one-year filing deadline: how the year is counted, the two exceptions and who is exempt — An asylum application must be filed within 1 year after the person's last arrival in the United States, and the applicant must prove that "by clear and convincing evidence", unless one of two statutory exceptions applies (changed circumstances, or extraordinary circumstances that caused the delay) or the applicant is an unaccompanied child. The deadline applies to asylum, not to withholding of removal or Convention Against Torture protection.
The asylum work permit in 2026: the 150- and 180-day clock, the fees, when it ends, and the proposed 365-day rule — A person with a pending asylum application may file Form I-765 under category (c)(8) no earlier than 150 days after a complete application is received, and USCIS may not issue the card before 180 days. The initial fee is a statutory $560 (and $570 for requests postmarked on or after 16 October 2026) that cannot be waived. A proposed rule would lengthen the wait to 365 days; it is not in force.
RFEs and denials
USCIS Request for Evidence (RFE): the deadline, your options and what happens if you miss it — A Request for Evidence gives a date to respond, and under 8 CFR 103.2(b)(8)(iv) that response period can never be longer than twelve weeks. Additional time "may not be granted". The regulation lets the applicant send everything, send part and ask for a decision on the record, or withdraw.
I-130 RFE: what the regulations require, the 12-week limit and how a response works — An I-130 Request for Evidence asks for proof the regulations in 8 CFR 204.1 and 204.2 require: the petitioner's status, the claimed relationship and, for spouses, proof every earlier marriage ended. The response period is never more than twelve weeks and cannot be extended (8 CFR 103.2(b)(8)(iv)).
I-485 RFE: the medical exam, birth certificate and I-864 rules, and the 12-week limit — An I-485 RFE has to be answered by the printed date, which can never be more than twelve weeks away and cannot be extended (8 CFR 103.2(b)(8)(iv)). The regulations behind the three requests people search for are 8 CFR 245.5 (civil surgeon medical exam), 103.2(b)(2) (birth records) and 213a.2 (affidavit of support).
Notice of Intent to Deny (NOID): the 30-day limit, how it differs from an RFE and what comes next — A Notice of Intent to Deny names the reasons USCIS proposes to deny a case and sets a response date that cannot be more than thirty days away. The regulation says additional time "may not be granted" (8 CFR 103.2(b)(8)(iv)). The options are a full response, a partial response with a request for a decision on the record, or withdrawal.
I-130 denied: how the appeal, motion and refiling rules work, with deadlines and fees — An I-130 denial must state its specific reasons and the route for review (8 CFR 103.3(a)(1)). Family-petition denials fall under the Board of Immigration Appeals (8 CFR 1003.1(b)(5)), where the notice of appeal is due within 30 days of service on Form EOIR-29 with a $1,060 fee. A new I-130 costs $675.
I-485 denied: what the regulations say about appeals, motions, renewal and your work permit — 8 CFR 245.2(a)(5)(ii) says "no appeal lies from the denial" of an adjustment application. The regulations leave two routes: a motion to reopen or reconsider on Form I-290B within 30 days ($800), and, for an applicant who is not an arriving alien, renewing the application in removal proceedings. A work permit has its own validity date and its own revocation rule.
I-751 denied: what the regulations say happens to your status, and where review takes place — 8 CFR 216.4(d)(2) says that when USCIS denies a joint I-751, it issues a Notice to Appear, the person's permanent resident status "shall be terminated as of the date of the director's written decision," and "No appeal shall lie from the decision of the director." The regulation allows review of the denial in removal proceedings, where the burden is on the government.
Form I-290B: how appeals and motions on a USCIS decision work under 8 CFR 103.3 and 103.5 — Form I-290B is the notice of appeal or motion for USCIS decisions that the Board of Immigration Appeals does not review. The fee is $800 (8 CFR 106.2(a)(16)) and the deadline is 30 days from service of the decision (8 CFR 103.3(a)(2)(i) and 103.5(a)(1)(i)). Some decisions, such as an I-485 denial or an I-130 denial, are handled differently.
Immigration court
Notice to Appear (NTA): what it is, what it must say and what happens next — A Notice to Appear starts removal proceedings once it is filed with an immigration court. The statute lists what it must contain, sets a minimum of 10 days before the first hearing and requires an address on file with the court. Missing a hearing after proper written notice can lead to an order of removal in the person's absence.
How to check your immigration court case status (EOIR ACIS, phone line and the court) — EOIR runs an Automated Case Information System that shows basic status for certain immigration court and Board of Immigration Appeals cases. You look up a case with the A-number and a nationality, online or by phone. EOIR says the documents the court or the Board send to you or your representative are the only official determinations.
BIA appeal 2026: the $1,060 fee, the deadline and the March 2026 summary-dismissal rule — An appeal of an immigration judge's decision goes to the Board of Immigration Appeals on Form EOIR-26, with a $1,060 fee or a fee waiver request, and under 8 CFR 1003.38(b) it must reach the Board within 10 calendar days (30 days only where the judge adjudicated an asylum application on the merits). Since 9 March 2026 the Board must dismiss most appeals unless a majority votes to accept them.
Motion to reopen in immigration court: the 90-day deadline, the $1,095 fee and the exceptions — A motion to reopen asks the immigration judge to reopen a decided case on the basis of new facts. Under 8 CFR 1003.23(b)(1) it must generally be filed within 90 days of the final administrative order, a party gets one, and the filing fee for a motion to the immigration court is $1,095 unless an exception or fee waiver applies.
Missed immigration court: in absentia removal orders, the 180-day motion and what the law says about notice — If a person does not attend a removal hearing after written notice, an immigration judge must order removal in absentia when DHS proves notice and removability by clear, unequivocal and convincing evidence. The order can be rescinded only by a motion to reopen: within 180 days for exceptional circumstances, or at any time for no notice or federal or state custody. There is no appeal to the BIA.
Cancellation of removal: who can ask for it, the EOIR-42A and EOIR-42B fees, and the rules that stop the clock — Cancellation of removal is a form of relief that an immigration judge may grant, in removal proceedings only. Permanent residents use Form EOIR-42A ($730 from 1 October 2026); people who are not permanent residents use Form EOIR-42B ($1,690), which requires 10 years of continuous physical presence and "exceptional and extremely unusual hardship" to a qualifying relative. The clock for both generally stops when a Notice to Appear is served.
Deportation defense: who the law lets represent you in immigration court, and how to check — In removal proceedings the law gives a person the privilege of being represented "at no expense to the Government", and 8 CFR 1292.1 limits who may do it to a closed list: registered attorneys, fully accredited representatives of DOJ-recognized non-profits, supervised law students and graduates, and a few others. Notaries, notarios, consultants and document preparers are not on the list.
Immigration bond hearings: who can ask for bond, what the judge decides, the short deadlines and how a bond is posted — When a person in removal proceedings is detained, the first custody decision is made by DHS. Many detained people can then ask an immigration judge to review it, but not everyone can: arriving noncitizens and those held under the mandatory-detention provisions are excluded by 8 CFR 1003.19(h). By statute a bond must be at least $1,500, an appeal of the judge's bond decision goes to the BIA within 10 calendar days, and the BIA bond appeal has no EOIR fee.
Current changes
US travel ban countries in 2026: the full and partial lists in Proclamation 10998, and who is excepted — Proclamation 10998 (90 FR 59717, 19 December 2025), effective 1 January 2026, fully suspends entry of nationals of 19 countries plus holders of Palestinian Authority travel documents, and partly suspends entry of nationals of 20 others. It applies only to people outside the United States without a valid visa on 1 January 2026, and it lists exceptions and national-interest waivers. Check the State Department's visa pages for how it is applied.
The $100,000 H-1B payment: what the proclamations say, and what USCIS says about the court order — Proclamation 10973 (September 2025) restricts entry of H-1B workers unless a $100,000 payment accompanies the petition, and Proclamation 11069 (September 2026) extends it for 12 more months. USCIS's fee page says that on 8 June 2026 a federal court vacated the agency guidance implementing the payment, that DHS is complying while it considers next steps, and that DHS still plans to collect the payment if the order is lifted. This page reports those documents as at 10 October 2026 and does not say how any individual petition is treated.
The proposed $103,265 H-1B cap fee: what DHS proposed, who would pay it, and where the rulemaking stands — PROPOSED, not in force: on 25 August 2026 DHS proposed a $103,265 fee, payable at filing, on every H-1B cap-subject petition (including advanced-degree-exemption petitions), on top of all other fees and any proclamation payment. The comment period closed on 24 September 2026. As at 10 October 2026 no final rule has been published, so the current fees in 8 CFR 106.2 still apply.
The 60-day grace period for H-1B and other workers, and the proposal to end it — Today, 8 CFR 214.1(l)(2) says a worker in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 or TN status, and their dependents, is not considered to have failed to maintain status solely because employment ended, for up to 60 consecutive days or until the validity period ends, whichever is shorter, once per validity period, and DHS may shorten or eliminate it. On 11 September 2026 DHS PROPOSED removing that paragraph (91 FR 57807). Comments are due 10 November 2026; the proposal is not in force.
USCIS and immigration court fee changes, October–November 2026: what moves when — Fees change on three dates this autumn: EOIR court fees on 1 October 2026 (appeal to the BIA $1,060), four USCIS H.R. 1 fees on 16 October 2026 (annual asylum fee $105, parole fee $1,050, initial asylum/parole/TPS work permit $570, TPS $520) and EB-5 fees on 30 November 2026. The N-400, I-130, I-485 and I-751 fees are not among them. Several higher fees are only PROPOSED.
US green card statistics: who became a permanent resident in fiscal year 2024 — The Department of Homeland Security's Office of Homeland Security Statistics (OHSS) reports 1,364,090 new lawful permanent residents in fiscal year 2024: 49.3% immediate relatives of US citizens, 13.8% family preference, 12.5% employment-based, 13.1% refugee adjustments and 3.7% diversity visa. These are counts of people who received green cards, not approval rates or waiting times.
Public charge rule 2026: the 2022 rule is rescinded, and what that does and does not change — DHS published a final rule on 20 July 2026 that removes the 2022 public charge regulations, effective 18 September 2026. The statute (8 U.S.C. 1182(a)(4)) is unchanged. What moves is the rulebook officers use: the fixed definitions and framework are gone and officers have broader discretion.
Citizenship
N-400 eligibility: the 5-year rule, the 3-year rule and the 30-month rule — 8 CFR 316.2 requires five years of continuous residence as a permanent resident and 30 months of physical presence in the five years before filing. 8 CFR 319.1 shortens that to three years and 18 months for a spouse living in marital union with a US citizen for those three years. Applications may be filed up to 90 days early (8 CFR 334.2(b)).
Proposed N-400 fee rise and end of fee waivers: what the rule says — A DHS proposed rule (91 FR 37500, 23 June 2026) would raise the N-400 to $1,330 on paper or $1,280 online and end the reduced fee and fee waivers for the N-400 and N-336. It is PROPOSED and not in force. Its comment period closed on 24 August 2026; the fees in 8 CFR 106.2 ($760, or $380 at or below 400% of the poverty guidelines) apply until a final rule changes them.
N-400 fee in 2026: $760, the $380 reduced fee and fee waivers — The regulation sets the N-400 fee at $760, or $380 if documented household income is at or below 400% of the Federal Poverty Guidelines (8 CFR 106.2(b)(3)). The fee can also be waived on the three grounds in 8 CFR 106.3(a)(1). Military applicants under INA 328 or 329 pay nothing.
Form N-600: applying for a Certificate of Citizenship — Form N-600 costs $1,385 under 8 CFR 106.2(b)(7), with no fee for current or former US armed forces members applying for themselves or for a child with a qualifying final adoption. The applicant bears the burden of proving citizenship by a preponderance of the evidence (8 CFR 341.2(c)). A denied N-600 cannot simply be refiled once appeal time has run.
N-400 denied: the N-336 hearing, court review and filing again, as the regulations set them out — 8 CFR 336.2(a) lets an applicant ask for a hearing on a naturalization denial "within thirty days after the applicant receives the notice of denial." The request is Form N-336 ($830 today; a higher fee is proposed but not in force). If the denial stands, 8 U.S.C. 1421(c) allows review in a federal district court.
Student visas
F-1 four-year limit: how the end of duration of status works, what an extension needs and who is in the transition group — A final rule effective 15 September 2026 ended "duration of status" for new F-1 admissions. An F-1 student is now admitted for the length of the program on the Form I-20, up to 4 years, with 30 days afterward. A student who needs more time files an extension of stay with USCIS before the admission period ends. Students admitted before 15 September 2026 are covered by a separate transition rule.
The proposed $70,000 OPT fee: what the Federal Register notice says, who would pay and what has not changed — PROPOSED, not in force. On 8 October 2026 DHS proposed that a school pay $70,000 before it first recommends an F-1 student for optional practical training and $30,000 before any later recommendation. Public comments are due 9 November 2026. Nothing changes for any student until DHS publishes a final rule, which the proposal says would take effect 60 days after publication.
F-1 grace period: 30 days for new admissions, 60 for some students already here — Under 8 CFR 214.2(f)(5)(v), as amended by a final rule effective 15 September 2026, an F-1 student gets an additional 30 days after the program end date, the 4-year maximum or the end of approved OPT. The old window was 60 days. Students already in the United States on 15 September 2026 under duration of status have a transition rule that still counts 60 days.