What You Missed In Immigration: Visa Bulletin Retreats, Fees Climb Across the Board & the $100K H-1B Fee Takes Another Loss
October Visa Bulletin Opens FY2027 With Retrogression for Most Countries
The October Visa Bulletin launched fiscal year 2027 with a mixed bag. Several China employment-based categories moved forward, and India's previously unavailable EB-2 and EB-5 categories reopened. EB-4 advanced by more than two years. But the headline for most applicants is bad news: EB-2 and EB-3 final action dates for the rest of the world moved backward. The State Department attributed the retrogression to the need to keep visa issuance within annual limits, calling it a cautious start to the new fiscal year. For applicants who watched their priority dates inch forward over the summer, October erased some of that progress.
The PERM Takeaway: Retrogression in EB-2 and EB-3 at the start of a new fiscal year is a signal that demand for employment-based green cards is outpacing supply heading into FY2027. For PERM employers, this means longer waits between labor certification approval and the employee's ability to file for adjustment of status. That gap creates retention risk. An employee with an approved PERM case who sees their priority date slide backward has every reason to start weighing their options, especially if another employer is willing to start a fresh sponsorship in a category that is still current. Employers should be having honest conversations with sponsored workers about where their case stands and what the retrogression means for their personal timeline. On the positive side, the reopening of India EB-2 gives employers sponsoring Indian nationals in that category a window that did not exist last month. If you have approved I-140s in India EB-2 and the priority date is now current, counsel should be moving on adjustment filings before the window narrows again.
USCIS Raises Immigration Fees Effective October 16
USCIS announced inflation-driven fee increases across several immigration categories, effective October 16. The asylum application fee rises from $102 to $105, the immigration parole fee goes from $1,020 to $1,050, certain initial employment authorization applications increase from $560 to $570, and Temporary Protected Status applications climb from $510 to $520. Applications postmarked on or after October 16 without the correct fee will be rejected.
The PERM Takeaway: The dollar amounts on these specific increases are modest, but the compliance risk is real. A rejected filing because the check was written for $560 instead of $570 means a lost receipt date, a gap in work authorization, and potentially a scramble to refile. For employers managing multiple sponsored employees across different categories, the October 16 cutoff needs to be flagged in every active case file. HR and counsel should confirm that every application going out after that date carries the updated fee. If you have filings in the pipeline that could land on either side of October 16, verify the postmark timing and attach the right amount. The broader pattern is worth noting too. USCIS has been steadily adjusting fees upward, and the EB-5 increases coming in November show that trend accelerating. Employers should be budgeting for sponsorship costs to continue rising over the next fiscal year.
Second Federal Court Blocks the $100,000 H-1B Fee
A federal judge in California has struck down the Trump administration's $100,000 fee on certain new H-1B petitions, making this the second court to block the policy. Judge Haywood S. Gilliam Jr. found that immigration agencies failed to follow required rulemaking procedures when imposing the charge. The fee remains blocked, though the administration continues to defend it in court. Open questions remain about petitions that were affected while the fee was in place and whether employers who already paid will receive refunds.
The PERM Takeaway: Two federal courts have now blocked this fee on procedural grounds, and the refund question is significant for employers who paid the $100,000 before the injunctions took hold. If your company submitted an H-1B petition with that fee attached, counsel should be tracking the refund developments closely. Beyond the immediate litigation, the pattern is clear: the administration wants this fee to exist and keeps extending and defending it. Even with two losses, a favorable appellate ruling could revive it. Employers who rely on consular processing for H-1B hires should continue treating the $100,000 fee as a cost that could return. The adjustment of status pathway avoids this fee entirely, and each court ruling reinforces why domestic filing deserves a prominent place in your sponsorship strategy.
Citizenship Backlog Grows Past 727,000 Pending Applications
The USCIS naturalization backlog reached more than 727,000 standard N-400 applications pending at the end of Q3 FY2026. The agency received nearly 146,000 applications during the quarter and completed roughly 70,500, meaning applications are arriving at more than double the rate they are being processed. The median processing time for non-military naturalization cases hit 9.5 months.
The PERM Takeaway: A growing citizenship backlog does not directly affect PERM filings, but it tells you something about the agency's capacity. USCIS is processing naturalization applications at half the rate they come in, and that resource strain does not stay contained to one program. When the agency is stretched, processing times across categories tend to drift upward. Employers with sponsored employees waiting on I-485 adjudications, EAD renewals, or other USCIS-dependent filings should be building extra lead time into their planning. If your employee is approaching a work authorization expiration and relying on a timely USCIS decision, build the contingency plan now rather than assuming the agency will move on schedule.
EB-5 Filing Fees Set to More Than Double Starting November 30
USCIS is significantly raising EB-5 program fees effective November 30. The filing fee for Form I-526E (regional center investors) jumps from $3,675 to $7,850. The standalone investor fee for Form I-526 rises from $3,675 to $7,615. And the Form I-829 fee to remove conditions on permanent residence increases from $3,750 to $5,000. USCIS says the new schedule is designed to cover the full cost of administering the program.
The PERM Takeaway: EB-5 is a different sponsorship track than the PERM-based employment categories, but the fee increases matter for employers and investors evaluating their green card options. A doubling of the I-526E filing fee raises the total cost of the EB-5 pathway and may push some applicants to reconsider employment-based sponsorship through PERM as the more cost-effective route. For immigration counsel advising clients who are weighing EB-5 against employer sponsorship, the math just shifted. The November 30 deadline also creates a rush window. Expect a wave of EB-5 filings in October and November from applicants trying to lock in the current fee, which could further strain USCIS processing capacity heading into the new year.
Stay sharp, stay compliant, and we'll see you next week.
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