On July 21, 2026, Federal Judge Nathaniel M. Gorton issued an order concerning TPS and asylum work permits. The decision temporarily blocked portions of several USCIS policies and certain consequences for failure to pay the annual asylum fee.
The order is a temporary administrative stay, not a final decision in the lawsuit. It is also limited. The judge stayed four specific measures but allowed USCIS to continue charging the annual asylum fee. The court also did not restore the previous 30-day deadline for deciding certain initial asylum-based work permit applications.
Short answer
Judge Nathaniel M. Gorton’s order preserves the prior expiration date of certain employment authorization documents that USCIS had already extended. While the order remains in effect, USCIS also may not reject an asylum application, terminate employment authorization, or initiate removal proceedings solely because the applicant failed to pay the annual asylum fee. However, the fee remains in effect and applicants should follow all applicable notices and instructions.
Which lawsuit produced this court order?
The order was issued in Venezuelan Association of Massachusetts, et al. v. U.S. Citizenship and Immigration Services, et al., Civil Action No. 1:26-cv-13038-NMG, in the United States District Court for the District of Massachusetts.
The plaintiff organizations challenge recent USCIS policies affecting two groups identified in the order:
- TPS holders with employment authorization documents.
- People with pending asylum applications.
The judge granted part of an emergency request for an administrative stay while the court considers a broader motion filed under the Administrative Procedure Act.
What exactly did the judge temporarily block?
The final page of the order identifies four measures that were temporarily stayed.
1. Retroactive application of new EAD expiration dates
An employment authorization document that was previously extended must, for now, keep its prior expiration date. This portion of the order responds to the risk that certain TPS holders could lose employment authorization earlier than the date previously provided.
This does not mean every TPS-related work permit received a new extension. The order specifically addresses documents that had already been extended and whose expiration dates were being shortened retroactively.
2. Rejection of asylum applications for failure to pay the annual fee
While the stay is in effect, USCIS may not reject an asylum application solely because the applicant failed to pay the annual asylum fee.
3. Termination of work authorization for failure to pay the fee
USCIS also may not terminate a person’s employment authorization solely because the person did not pay the annual asylum fee.
4. Initiation of removal proceedings for failure to pay the fee
USCIS may not initiate removal proceedings solely because an applicant failed to pay the annual asylum fee.
What was stayed and what remains in effect?
| Issue | Status after the order |
|---|---|
| Retroactively shortening the expiration date of certain previously extended EADs | Temporarily stayed |
| Rejecting an asylum application solely for failure to pay the annual fee | Temporarily stayed |
| Terminating work authorization solely for failure to pay the annual fee | Temporarily stayed |
| Initiating removal proceedings solely for failure to pay the annual fee | Temporarily stayed |
| Collection of the annual asylum fee | Remains in effect |
| Previous 30-day deadline for initial asylum-based EAD decisions | Not restored |
Is the annual asylum fee still required?
Yes. The judge did not stay collection of the annual asylum fee. The order expressly states that the government may continue charging it.
USCIS currently states that certain people with a pending asylum application must pay a $100 annual fee for each calendar year the application remains pending. USCIS also states that the fee cannot be waived and that a person who receives a notice should follow the payment instructions and deadline provided in that notice.
The court order should therefore not be interpreted as permission to ignore a USCIS notice, payment date, or instruction. Although the judge temporarily blocked certain consequences, the payment obligation remains in effect.
Must USCIS decide an asylum work permit application within 30 days?
Not necessarily. The judge stated that USCIS does not have to follow the previous 30-day deadline for reviewing initial employment authorization applications filed by asylum applicants.
In other words, the order protects against specific penalties and retroactive changes, but it does not restore a 30-day maximum processing period for these initial applications.
Who could be affected by the order?
The order may be relevant to certain TPS holders whose work permits had already been extended and to people with pending asylum applications who could face consequences related to the annual fee.
It does not mean that every TPS holder or every asylum applicant automatically receives the same protection. The EAD category, dates printed on the document, published extensions, notices received, and the person’s individual immigration history may change the analysis.
Is the decision final?
No. This is a temporary administrative stay. It remains in effect until the court rules on the plaintiffs’ motion for a stay under 5 U.S.C. § 705.
Judge Nathaniel M. Gorton stated that the next order would be issued no later than August 5, 2026. That date does not necessarily mark the end of the lawsuit. It means the court expects to rule on the next stage of the requested stay.
Because this litigation is developing, potentially affected individuals should confirm whether the court or USCIS has issued new instructions before making a decision.
Documents you should review now
If you have TPS, a pending asylum application, or a work permit connected to either category, consider reviewing:
- The expiration date printed on your employment authorization document.
- Any notice of an automatic extension or change in expiration date.
- The immigration category printed on the EAD.
- Receipt notices for your TPS or asylum filing.
- Recent notices sent by USCIS.
- Any notice concerning the annual asylum fee.
- Proof of any payment already submitted.
Keep complete and readable copies. Do not provide an original document without retaining a copy for your records.
What should you do if you are unsure whether the order applies to you?
Do not assume that a social media post automatically changes the expiration date of your work permit. You also should not ignore a USCIS notice merely because the court temporarily stayed some consequences.
An immigration attorney can review your EAD category, relevant dates, USCIS notices, and case history to determine how this order may affect your situation.
Law Office of Jesus Reyes® can review your documents and explain the options that may apply to your case. To schedule a legal consultation, call 888.644.3683 or contact us through WhatsApp at +1 305.586.9418.
Frequently asked questions
Who issued the order concerning TPS and asylum work permits?
Federal Judge Nathaniel M. Gorton of the United States District Court for the District of Massachusetts issued the order on July 21, 2026.
Does my TPS work permit automatically keep its prior expiration date?
The order states that a previously extended EAD must maintain its prior expiration date while the stay is in effect. Whether that rule applies to a specific person depends on the EAD category, documents, dates, and extension involved.
Can I stop paying the annual asylum fee?
No. The order allows the government to continue collecting the annual asylum fee. Do not ignore a payment notice or assume the obligation was eliminated.
Can USCIS reject my asylum application for not paying the annual fee?
While the stay remains in effect, USCIS may not reject an asylum application solely because the annual fee was not paid. The fee itself remains in effect, and other consequences or instructions may still require attention.
Can USCIS terminate my work permit for failure to pay the annual asylum fee?
The order temporarily stays termination of employment authorization when the sole reason is failure to pay the annual asylum fee.
Does the order prevent every type of removal proceeding?
No. The order prevents initiation of removal proceedings solely for failure to pay the annual asylum fee. It does not block proceedings based on other legal grounds.
Must USCIS decide an initial asylum-based work permit application within 30 days?
No. The judge did not restore the previous 30-day deadline for deciding those initial applications.
Is this court order a final decision?
No. It is a temporary administrative stay while the court considers a broader motion in an ongoing lawsuit.
Sources
- July 21, 2026 order in Venezuelan Association of Massachusetts, et al. v. USCIS, et al., Case No. 1:26-cv-13038-NMG: https://asaptogether.org/media/5MKWDUDYbVR27ApRnKqJZp/order-granting-in-part-admin-stay.pdf
- Asylum Seeker Advocacy Project case information: https://asaptogether.org/en/uscis-aaf-lawsuit/
- Official USCIS Fee Schedule and annual asylum fee guidance: https://www.uscis.gov/g-1055
Related reading from Jesus Reyes Law
- Political asylum in the United States: https://jesusreyeslaw.com/en/political-asylum/
- Options when an asylum-based work permit has been denied: https://jesusreyeslaw.com/en/what-are-your-options-if-your-asylum-case-is-pending-in-court-and-your-work-permit-has-been-denied/
- Immigration frequently asked questions: https://jesusreyeslaw.com/en/faq/
LEGAL NOTICE This article provides general information based on a court order issued on July 21, 2026, and information available as of July 22, 2026. It is not legal advice for any specific case. Court orders and USCIS instructions may change. Every case is different and should be reviewed individually by an immigration attorney.
