The U.S. immigration landscape underwent several major developments in August 2026, affecting immigrant visas, skilled-worker petitions, and visitor visas. On August 21, a federal judge in Manhattan overturned a seven-month immigrant visa freeze that had affected nationals of 75 countries, including ten jurisdictions operating or associated with citizenship-by-investment (CBI) programs. Within days, the U.S. Department of Homeland Security proposed a US$103,265 fee for certain H-1B petitions, while the State Department also confirmed plans to review and potentially revoke up to 200,000 B1 and B2 visitor visas held by individuals who later sought asylum.
Court Overturns Immigrant Visa Freeze
Judge Jeannette A. Vargas of the Southern District of New York ruled in Catholic Legal Immigration Network, Inc. v. Rubio that the State Department had exceeded its statutory authority by imposing the immigrant visa freeze. The court found the policy “patently unlawful”, concluding that it conflicted with federal law prohibiting nationality-based discrimination in immigrant visa issuance. The ruling effectively ended the freeze and reopened refusals that were based solely on the policy, requiring consular officers to return to individual, case-by-case assessment of applicants. The administration relied on Trump v. Hawaii, but Judge Vargas distinguished that case because it concerned presidential authority over entry rather than the authority of consular officers to refuse otherwise eligible immigrant visa applicants based on nationality.
Ten CBI Countries Regain Immigrant Visa Access
The January freeze had affected Antigua and Barbuda, Cambodia, Dominica, Egypt, Grenada, Jordan, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, and Sierra Leone. Applicants from these jurisdictions, including EB-5 investors, family-reunification applicants and diversity visa applicants, had been affected regardless of their individual visa category. The decision therefore represents an important development for the investment migration industry, particularly for CBI jurisdictions in the Eastern Caribbean. However, the U.S. government has criticized the ruling and may appeal to the Second Circuit, meaning that the legal position could continue to develop. A separate D.C. federal court also issued a preliminary injunction on August 25, although that order applies only to the plaintiffs in that case.
DHS Proposes US$103,265 H-1B Fee
On August 25, the Department of Homeland Security published a proposed rule that would impose a US$103,265 fee on every H-1B petition subject to the annual cap. The fee would be payable when the petition is filed and would come on top of existing H-1B fees. It would also apply to petitions under the 20,000 advanced-degree exemption, while certain cap-exempt organizations, including universities and affiliated nonprofits and research organizations, would be excluded. The proposal is not yet in effect. Public comments are due by September 24, and if the rule is finalized, April 2027 would be the earliest point at which the new fee could affect cap-selected petitions.
Potential H-1B Costs Could Exceed US$203,000
The proposed fee is legally separate from the US$100,000 H-1B payment introduced under a September 2025 presidential proclamation for certain beneficiaries abroad. That payment was vacated by a federal court in June, and the First Circuit later refused to stay the ruling, meaning USCIS cannot currently collect it while the litigation continues. However, if both measures ultimately survive, they could be imposed together, potentially bringing the combined cost to more than US$203,000 per petition, in addition to other existing fees. The proposal is therefore expected to have a substantial impact on employers, particularly smaller businesses, with DHS estimating a major economic impact on 11,051 small entities.
State Department Considers Revoking Up to 200,000 Visitor Visas
The State Department is also preparing to revoke B1 and B2 visitor visas issued between 2016 and 2026 to individuals who later filed for asylum, according to reporting cited in the article. The potential scope could reach as many as 200,000 people, although the government has confirmed the policy but has not officially confirmed the exact number affected. The authority for the proposed revocations comes from Section 221(i) of the Immigration and Nationality Act, which gives consular officers and the Secretary of State broad discretion to revoke visas. The measure would not automatically result in immediate deportation, but individuals with pending asylum cases could lose their status as business or tourist visitors.
Growing Scrutiny of Mobility and CBI
The latest measures demonstrate that U.S. immigration policy is becoming increasingly relevant to the citizenship and residency-by-investment sector. B1 and B2 visas have already been subject to additional scrutiny through the U.S. visa bond program, which includes citizenship-by-investment without a residency requirement among its selection criteria. At the same time, the immigrant visa freeze demonstrated how quickly nationality-based restrictions can affect CBI jurisdictions and their investors. The combination of court challenges, proposed fees and visa reviews indicates that international mobility is becoming less predictable, requiring investors and internationally mobile individuals to consider alternative options rather than relying entirely on one passport, visa or immigration pathway.
Summary
The developments of August 2026 highlight a rapidly changing U.S. immigration environment. A federal court has overturned the immigrant visa freeze affecting 75 countries, including ten CBI jurisdictions, restoring case-by-case processing for affected applicants. At the same time, DHS has proposed a US$103,265 H-1B fee, which could potentially combine with the separate US$100,000 payment if both measures survive. The State Department is also considering the revocation of up to 200,000 B1/B2 visas held by individuals who later sought asylum. Taken together, these developments reinforce the importance of mobility diversification and long-term immigration planning, particularly for investors and individuals whose international mobility depends heavily on a single immigration route.
