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Immigration Digest: ICE funding surge, win for EB-1A, and H-1B fee whiplash

Trump signs $70B immigration enforcement package

President Trump has signed the Secure America Act, locking in nearly $70 billion for immigration enforcement through 2029. The package directs $38 billion to ICE, $26 billion to Customs and Border Protection, and $5 billion to the Department of Homeland Security.

Supporters call it a necessary investment in border security. Critics call it a blank check for mass deportation with no meaningful oversight.

What is not in dispute is the scale. ICE now has long-term funding to expand detention capacity, transportation, staffing, and removal operations well beyond Trump’s current term. Rather than a temporary enforcement push, it marks a long-term buildout of the federal deportation system.

EB-1A shift: USCIS drops appeal in Mukherji case

USCIS has withdrawn its appeal in Mukherji v. Miller, leaving in place a federal court ruling that questioned the agency’s use of the “final merits determination” in EB-1A cases.

For years, applicants could satisfy three or more EB-1A criteria and still face denial at the final stage based on broad, subjective findings about whether their achievements rose to the required level of acclaim. In Mukherji, USCIS acknowledged that the applicant met five criteria, but denied the petition anyway. The court rejected that analysis.

This does not lower the EB-1A standard. But it does strengthen the position of well-documented applicants facing vague RFEs, NOIDs, or denials. The decision gives attorneys a clearer basis to challenge agency reasoning that goes beyond the written regulations.

The $100,000 H-1B fee: back in effect, still unresolved

Employers and foreign workers are back to square one after a Massachusetts federal court temporarily reinstated the controversial $100,000 H-1B fee, just days after striking it down.

On June 8, the court ruled the fee was unlawful, finding it functioned as a tax imposed without proper legal authority and in violation of the Administrative Procedure Act. On June 12, the same court paused that ruling while the government appeals.

For now, the fee may still apply to H-1B petitions filed through consular notification channels. The appeals court has not yet ruled on whether the stay will hold longer term.

For employers planning overseas hires, the practical reality is uncomfortable. A six-figure cost that was briefly off the table is back on it, with no clear resolution in sight.

Takeaway

For families, employers, and foreign professionals, planning around U.S. immigration rules is getting harder. Policies are being funded, challenged, paused, and revived on timelines that can change a case strategy almost overnight.

Not sure how these updates affect your situation? Get a Free case evaluation from the Shamayev Business Law team and understand your options within 2 business days.

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Mark

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