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Houston Announces Restrictions on Police Cooperation With ICE: What Employers Should Know
On November 6, 2026, the Immigrant Legal Resource Center (ILRC) reported that Houston Mayor John Whitmire directed Houston Police Department (HPD) officers to limit cooperation with U.S. Immigration and Customs Enforcement (ICE) during routine encounters. The announcement follows ongoing discussions regarding local law enforcement's role in federal immigration enforcement. However, the directive does not change federal immigration laws or ICE's authority to conduct workplace enforcement activities.
What Employers Should Know: Monty & Ramirez LLP reminds businesses that federal immigration compliance requirements remain in effect regardless of local enforcement policies. Employers should maintain accurate Form I-9 records, understand their rights and responsibilities during ICE workplace inspections, and establish internal procedures for responding to immigration enforcement actions. Businesses should consult experienced immigration counsel to ensure compliance and minimize potential legal risks.
USCIS Announces New EB-5 Investor Filing Fees Effective November 30
On September 29, 2026, U.S. Citizenship and Immigration Services (USCIS) announced adjustments to filing fees for the EB-5 Immigrant Investor Program, with the updated fees scheduled to take effect November 30, 2026. The changes are intended to improve cost recovery for administering the program, support statutory petition processing goals, and strengthen program integrity measures, including audits, site visits, and compliance reviews.
The EB-5 program allows qualifying foreign investors to pursue lawful permanent residence through investments in U.S. commercial enterprises that meet applicable capital investment and job creation requirements. Under the current statutory framework, the minimum qualifying investment is generally $1,050,000, or $800,000 for investments in qualifying targeted employment areas or infrastructure projects, subject to applicable adjustments. Investments must generally result in the creation of at least 10 qualifying full-time jobs.
The announced filing fee adjustments include:
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Form I-526, Immigrant Petition by Standalone Investor: $7,615.
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Form I-526E, Immigrant Petition by Regional Center Investor: $7,850.
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Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status: $5,000.
The fee changes affect both prospective EB-5 investors preparing initial petitions and conditional permanent residents preparing to remove conditions on their residence. Investors should confirm the applicable filing fee and effective date before submitting petitions, particularly when preparing filings around the November 30 implementation date. Regional center investors should also account for any separate statutory fees that may apply.
The changes do not eliminate existing EB-5 requirements relating to lawful source of funds, qualifying investments, job creation, or compliance with program integrity provisions. Monty & Ramirez LLP continues to monitor EB-5 regulatory developments and USCIS guidance affecting immigrant investors and regional center participants. Read the USCIS Announcement
Federal Court Continues to Block Fixed-Term Admission Rule for F and J Visa Holders
A federal court's nationwide injunction continues to prevent the Department of Homeland Security (DHS) from implementing its fixed-term admission rule for international students and exchange visitors. The rule was originally scheduled to take effect September 15, 2026, but the U.S. District Court for the District of Massachusetts blocked implementation on September 14 in Presidents' Alliance v. DHS. As a result, the existing duration-of-status framework remains in place for affected F and J nonimmigrants.
The rule would replace duration-of-status admissions with fixed admission periods, generally limited to four years for F and J nonimmigrants, and would require many individuals who need additional time to apply for an extension of stay. These requirements are not currently in effect.
The litigation has continued to advance. On October 30, 2026, both sides filed motions for summary judgment, and additional briefing was submitted November 2. The government is also pursuing appellate review, with its opening brief in the First Circuit due November 9, 2026. The rule remains blocked nationwide while the litigation proceeds.
For employers, universities, and foreign nationals, the injunction means there is no immediate change to the existing duration-of-status framework for affected students and exchange visitors. Employers sponsoring or employing individuals through OPT, STEM OPT, academic research appointments, and other F or J programs should continue following current immigration requirements while monitoring the litigation. Because the court's ruling is not a final resolution, future decisions could affect admission periods, extension procedures, and long-term immigration planning.
Monty & Ramirez LLP continues to monitor the litigation and any additional DHS guidance affecting international students, exchange visitors, and employers.
DHS Proposes $70,000 OPT Fee; Public Comment Period Closes
The Department of Homeland Security (DHS) has proposed substantial new fees for the Optional Practical Training (OPT) program, which allows eligible F-1 international students to gain work experience in their fields of study. The proposal was published October 8, 2026, and the public comment period closed November 9, 2026.
Under the proposal, Student and Exchange Visitor Program (SEVP)-certified institutions would pay $70,000 for an initial OPT recommendation and $30,000 for each subsequent recommendation for the same student. These fees would apply to educational institutions rather than directly to employers.
If implemented, the fees could significantly affect international student participation in OPT and STEM OPT, potentially reducing the pool of foreign graduates available to U.S. employers.
The proposed fees are not currently in effect. DHS must complete the rulemaking process before implementing any final requirements. Employers should monitor developments and assess potential impacts on recruitment and workforce planning. Read the Federal Register Proposed Rule
Federal Courts Block $100,000 H-1B Fee as Legal Challenges Continue
The legal challenges surrounding the federal government's $100,000 H-1B payment requirement continue following two significant federal court rulings. On September 30, 2026, the U.S. District Court for the Northern District of California blocked implementation of the payment requirement, becoming the second federal district court to rule against the policy. The decision followed a June 8, 2026, ruling by the U.S. District Court for the District of Massachusetts that vacated the fee.
The $100,000 payment requirement originated in a September 2025 presidential proclamation affecting certain H-1B petitions for foreign nationals seeking entry into the United States. The policy has faced legal challenges concerning the government's authority to impose the payment and the procedures used to implement it. The September 2026 California ruling also addressed the administration's effort to extend the requirement through September 2027.
Litigation remains ongoing. In a separate California challenge, Global Nurse Force v. Trump, employers and foreign workers continued pursuing relief in October 2026. According to an October 20 case management filing, the plaintiffs sought to advance the litigation while the government requested a pause pending appellate proceedings.
For employers, the court decisions provide significant developments in the ongoing dispute over the H-1B payment requirement. However, because appellate proceedings and related litigation remain unresolved, employers should verify the current implementation status before filing affected H-1B petitions or arranging international travel. Employers should also continue complying with all otherwise applicable H-1B filing fees, Labor Condition Application requirements, and petition procedures.
Monty & Ramirez LLP continues to monitor the litigation and its implications for employers sponsoring foreign national professionals.
H-1B Policy Changes Increase Compliance Considerations for Employers
Recent federal actions affecting the H-1B program have increased the importance of immigration compliance and workforce planning for employers sponsoring foreign national professionals. Federal policy developments have placed greater attention on H-1B petition documentation, prevailing wage requirements, Labor Condition Applications, and the accuracy of information submitted in support of employment-based immigration benefits.
Employers should carefully evaluate how H-1B sponsorship intersects with workforce reductions, employee transfers, wage adjustments, and changes in job duties or work locations. Although a workforce reduction does not automatically prohibit an employer from sponsoring H-1B workers, certain H-1B-dependent employers and employers that have committed willful violations may be subject to additional statutory obligations concerning recruitment and displacement of U.S. workers.
Employers using consulting, staffing, outsourcing, or third-party worksite arrangements should also ensure that their immigration filings accurately reflect the employment relationship, actual job responsibilities, required qualifications, prevailing wages, and intended worksites. Material changes to approved employment arrangements may require an amended H-1B petition, depending on the circumstances.
For employers, these developments reinforce the importance of coordinating immigration compliance with human resources, payroll, recruiting, and workforce management decisions. Proactive review of H-1B documentation, Labor Condition Applications, public access files, and anticipated employment changes can help identify compliance concerns before they affect a petition or an employee's immigration status.
Monty & Ramirez LLP continues to monitor H-1B regulatory developments and federal enforcement priorities affecting employers.
USCIS FY 2027 Immigration Fee Increases Now in Effect
U.S. Citizenship and Immigration Services (USCIS) implemented inflation-adjusted increases to certain immigration-related filing fees on October 16, 2026. The changes were announced September 30 and apply to specified immigration benefits subject to fee provisions established under H.R. 1. The adjustments reflect inflation between July 2025 and July 2026 and are separate from USCIS's general filing fee schedule.
Among the updated fees, the Annual Asylum Application Fee increased from $102 to $105, the immigration parole fee associated with Form I-131 increased from $1,020 to $1,050, certain initial employment authorization application fees under Form I-765 increased from $560 to $570, and the Form I-821 Temporary Protected Status application fee increased from $510 to $520.
The updated Form I-765 fee applies to specified initial employment authorization applications involving asylum applicants, parolees, and Temporary Protected Status applicants. The increases do not apply uniformly to every employment authorization category or USCIS application. Applicants must therefore determine which statutory and standard filing fees apply to their specific immigration benefit request.
USCIS requires applications and petitions postmarked on or after October 16, 2026, to include the applicable updated fees. Submissions that do not include the correct payment may be rejected. Applicants and employers assisting foreign national employees should confirm the current fee schedule before filing, particularly for time-sensitive employment authorization, parole, and Temporary Protected Status applications.
Monty & Ramirez LLP continues to monitor immigration fee adjustments and USCIS filing requirements affecting employers and individuals.
Ukraine TPS: Employers Should Review Continued Work Authorization and I-9 Compliance
U.S. Citizenship and Immigration Services (USCIS) has confirmed that Ukrainian nationals currently protected under Temporary Protected Status (TPS) retain their protections, including employment authorization, pending a further announcement from the Department of Homeland Security (DHS). Although Ukraine's previous TPS designation period ended October 19, 2026, eligible beneficiaries remain protected while DHS determines the next steps.
USCIS has not yet issued updated Form I-9 or E-Verify instructions establishing a new employment authorization expiration date. Employers should review affected employees' documentation, retain a copy of the current USCIS guidance with relevant I-9 records, and monitor further announcements. Employers should not automatically assume that an employee has lost work authorization solely because previous TPS documentation referenced October 19, 2026. Read the USCIS Ukraine TPS Update
El Salvador TPS: Employers Should Carefully Verify Continued Work Authorization
Employers with Salvadoran employees who hold Temporary Protected Status (TPS) should carefully review current U.S. Citizenship and Immigration Services (USCIS) guidance when determining whether an employee remains authorized to work. TPS-related employment authorization may depend on an individual's specific documentation, Employment Authorization Document (EAD) category, expiration date, and any applicable automatic extension or court-related relief.
An important distinction for employers is that a pending Form I-765, Application for Employment Authorization, does not by itself establish continued work authorization. Employers must determine whether an employee's existing documentation qualifies for an applicable extension or otherwise satisfies Form I-9 employment eligibility verification requirements.
Employers should also avoid assuming that every Salvadoran TPS beneficiary has the same employment authorization expiration date. Individual circumstances, document categories, and applicable government guidance may affect whether an employee remains authorized to work.
Human resources departments should review current USCIS TPS guidance, maintain accurate I-9 records, and conduct reverification only when required. Employers must also avoid requesting specific documents or imposing additional documentation requirements that could violate federal anti-discrimination provisions.
Monty & Ramirez LLP continues to monitor developments affecting Salvadoran TPS beneficiaries and employer compliance obligations.
Increased Worksite Enforcement and I-9 Compliance Activity
Federal immigration enforcement activity continues to increase in 2026, with a growing focus on workplace investigations, I-9 audits, and targeted enforcement actions against employers in industries with large workforces. Employers should be prepared for Notices of Inspection (NOIs), site visits, and possible coordination between ICE, DHS, and other federal agencies. Common triggers for investigations may include Social Security no-match issues, inconsistent payroll records, subcontractor compliance concerns, and prior audit history. Employers are encouraged to conduct proactive internal I-9 reviews, update onboarding procedures, train HR personnel, and develop response protocols to minimize operational disruption and legal exposure. To get a customized immigration compliance plan, call the Monty & Ramirez team at 281-493-5529.
ICE Detains California College Student at Airport Before Domestic Flight
On October 30, 2026, U.S. Immigration and Customs Enforcement (ICE) agents detained a 23-year-old UC Berkeley student at San Francisco International Airport before she boarded a domestic flight. The Colombian national reportedly had a pending asylum application and employment authorization. Federal officials stated that she had overstayed her authorized period of admission, while her attorneys have challenged the legality of her detention.
Travel Recommendations: Monty & Ramirez LLP advises foreign nationals, particularly those with pending immigration applications, asylum cases, or uncertain immigration status, to consult with an immigration attorney before traveling, including on domestic flights. Travelers should carry appropriate identification and relevant immigration documentation, understand their rights during encounters with immigration authorities, and be aware that pending applications or employment authorization do not necessarily prevent detention or enforcement action.
November 2026 Visa Bulletin
A. Dates for Filing for Employment-Based Visa Applications
For November 2026, USCIS announced it will use the Dates for Filing chart published by the Department of State.
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