Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 07 AUGUST 2026

District Court Declines To Stay TPS EAD Cap Under H.R. 1

Jackson Lewis P.C.
Jackson Lewis P.C.
Contributor
Jackson Lewis P.C.

Jackson Lewis P.C.

Focused on labor and employment law since 1958, Jackson Lewis P.C.’s 950+ attorneys located in...

View firm profile
Explore more from Jackson Lewis P.C.

On Aug. 5, 2026, the U.S. District Court for the District of Massachusetts denied plaintiffs’ request to stay USCIS’s implementation of the One Big Beautiful Bill Act’s (H.R. 1) limits on TPS-based employment authorization documents (EADs), while granting limited relief related to the new Annual Asylum Fee (AAF).

GlobalImmigration
Michael Neifach
Michael Neifach

On Aug. 5, 2026, the U.S. District Court for the District of Massachusetts denied plaintiffs’ request to stay USCIS’s implementation of the One Big Beautiful Bill Act’s (H.R. 1) limits on TPS-based employment authorization documents (EADs), while granting limited relief related to the new Annual Asylum Fee (AAF). Venezuelan Association of Massachusetts et al. v. U.S. Citizenship and Immigration Services et al., No. 1:26-cv-13038.

TPS EAD Cap Remains in Effect

The plaintiffs challenged several USCIS actions implementing H.R. 1, including the July 2025 Federal Register notice establishing the one-year TPS EAD cap, the March 2026 USCIS website update applying that cap to previously issued 540-day automatic extensions, and related provisions of the April 2026 Interim Final Rule.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

October 2026 Visa Bulletin Advances EB-5 Filing Date For Mainland China By 4 Years

The U.S. Department of State has released the October 2026 Visa Bulletin, marking the start of fiscal year 2027 with significant changes to employment-based immigrant visa categories. How will the advancement of priority dates, particularly the substantial four-year leap for mainland China-born EB-5 investors in the Dates for Filing chart, impact eligible applicants seeking adjustment of status benefits?
GlobalImmigration
Greenberg Traurig
Greenberg Traurig
Article

DHS Proposes $70,000 And $30,000 Fees For F-1 Optional Practical Training

The Department of Homeland Security has proposed a controversial new rule requiring SEVP-certified schools to pay substantial fees—$70,000 for a student's first Optional Practical Training recommendation and $30,000 for each subsequent OPT application, including STEM extensions. With only a 30-day comment period and potential annual costs reaching up to $16.5 billion across nearly 2,500 affected institutions, the proposed regulation is expected to face significant legal challenges if finalized.
United StatesImmigration
Duane Morris LLP
Duane Morris LLP
Article

DHS Continues Work Authorization For Ukrainian, Sudanese TPS Beneficiaries; I-9 Guidance Remains Unclear

The Department of Homeland Security has not issued formal determinations for Temporary Protected Status designations for Ukraine and Sudan despite the October 19, 2026 expiration date, creating uncertainty for employers navigating Form I-9 compliance and employment authorization documentation. USCIS states that affected individuals retain TPS protections and work authorization, but has not updated operational guidance to explain how employers should document continued employment eligibility or handle
United StatesImmigration
Greenberg Traurig
Greenberg Traurig
Article

Department Of State Announces Compliance With Court Order Ending Diversity Visa Issuance Pause

Following a federal court order in Medani v. Trump, the U.S. Department of State has resumed issuing Diversity Immigrant Visas after a nine-month pause that began in December 2025. DV-2026 selectees now face a critical deadline of September 30, 2026, to complete their visa processing or permanently lose their opportunity for permanent residence through the diversity visa lottery program.
United StatesImmigration
Greenberg Traurig
Greenberg Traurig
Article

DHS Proposes New OPT Fees: What It Means For F-1 Students, Schools, Employers

The Department of Homeland Security has proposed imposing fees of $70,000 for initial Optional Practical Training periods and $30,000 for subsequent periods including STEM extensions, with schools bearing the direct cost burden. The proposal aims to combat fraud and abuse within the OPT program while protecting U.S. workers, but could significantly impact international student hiring strategies and the availability of OPT talent for employers.
United StatesImmigration
Jackson Lewis P.C.
Jackson Lewis P.C.
Article

Maryland’s Ban On Mandatory Employer Meetings: Notice Deadline Looms

Maryland employers must comply with new posting requirements under the Worker Freedom Act, which prohibits penalizing employees who decline attendance at employer-sponsored meetings on religious or political matters. The Maryland Department of Labor has released official notices in English and Spanish that must be displayed prominently in workplaces and provided to new hires starting November 1, 2026.
United StatesEmployment and HR
Jackson Lewis P.C.
Jackson Lewis P.C.
Article

Revised Form I-485 Takes Effect Sept. 18

USCIS is implementing a revised Form I-485 on September 18, 2026, with no grace period for transition, requiring immediate use of the new edition for all green card adjustment of status applications. The updated form incorporates significant changes related to the Public Charge Ground of Inadmissibility Final Rule, affecting documentation requirements and filing procedures. Employers and immigration sponsors must carefully navigate the hard cutoff date to avoid application rejections.
United StatesImmigration
Jackson Lewis P.C.
Jackson Lewis P.C.