Immigration policy in the United States continues to shift in 2026, bringing significant changes that affect workers, employers, visa applicants, and families worldwide.
From updates to the H-1B cap selection process and higher premium processing fees to new visa issuance policies and proposed restrictions on asylum work permits, this year has introduced several important immigration rule changes.
Furthermore, understanding these updates is essential for anyone planning to work, study, invest, or immigrate to the U.S. In this guide, we break down the major U.S. immigration rule changes in 2026 so you can quickly see what has changed and how it may impact you.
Summary of the Biggest Changes
| Change (2026) | Status | Effective / announced date | Who is affected | What it does |
| H-1B cap selection changes (weighted selection) | Final rule | Feb 27, 2026 | Employers + H-1B cap applicants | Changes how USCIS selects H-1B registrations for the cap (a new weighted process). |
| Premium Processing fees increase | Final rule | Mar 1, 2026 | People using Premium Processing (Form I-907) | Costs more to get faster USCIS decisions. |
| Religious workers: removes the “one-year abroad” requirement (R-1) | Interim final rule | Jan 16, 2026 | Some R-1 religious workers + religious orgs | Lets eligible religious workers return without having to spend 1 year outside the U.S. after maxing out stay. |
| Immigrant visa issuance paused for nationals of 75 countries (public-benefits risk policy) | State Dept policy update | Jan 21, 2026 | Many immigrant visa applicants abroad (green-card visas) from listed countries | Consulates stop issuing immigrant visas for nationals of the listed countries “until further notice” (per DOS notice). |
| Visa issuance suspensions tied to a Presidential Proclamation (security-related) | State Dept policy update | Jan 1, 2026 (as stated by DOS) | Certain visa applicants from listed countries/categories | DOS describes partial suspensions of visa issuance connected to a presidential proclamation, with exceptions. |
| Visa bonds pilot expands list of countries | Policy / pilot program | Jan 2026 updates | Some nonimmigrant visitors from certain countries | Some applicants may face a visa bond requirement under a pilot program. |
| H-2B: large supplemental visa increase for FY 2026 | Temporary final rule | Feb 3, 2026 (publication) | Employers hiring H-2B workers + workers | Authorizes up to 64,716 additional H-2B visas for FY 2026 (beyond the normal cap). |
| Asylum work permits (EAD) — big restrictions proposed | Proposed rule | Feb 2026 | Asylum seekers applying for work permits | Would make it much harder/slower to get a work permit; still in comment period (not final). |
| EB-4 “Certain Religious Workers (SR)” program extension | Law/program sunset notice | Through Jan 30, 2026 | Some EB-4 religious workers | SR category extended briefly; visas/adjudications stop after expiration date if not extended again. |
1) H-1B Cap Selection
USCIS/DHS finalized a rule that changes the selection process for cap-subject H-1B registrations. The government describes this as a way to better protect U.S. workers and adjust how the lottery works. The official Federal Register entry lists the rule as effective February 27, 2026.
If you apply for an H-1B that goes through the yearly cap, the selection method is changing starting with the FY 2027 cap season timeline.
2) Premium Processing Gets Expensive
USCIS increased Premium Processing fees (the pay-extra option for faster decisions on certain forms). The rule is effective March 1, 2026.
This means if you pay for faster processing, you will pay higher fees for requests postmarked on/after March 1, 2026.
3) Religious Workers (R-1)
DHS issued an interim final rule removing the one-year foreign residence requirement for certain R-1 religious workers who hit the statutory maximum period of stay. This was published with an effective date of January 16, 2026, and DHS/USCIS said it reduces disruptions for religious organizations.
If we explain it in an easy way, some religious workers no longer have to leave the U.S. and wait outside the country for a full year before returning in R-1 status (if they qualify under the rule).
4) Pauses on Immigrant Visa Issuance
The U.S. Department of State posted a notice saying that, effective January 21, 2026, it paused immigrant visa issuances for immigrant visa applicants who are nationals of listed countries described as high risk for public benefits reliance.
Explanation:
- This affects immigrant visas issued at consulates abroad (the visas that lead to a green card after entry).
- It does not mean “all travel is banned,” and it’s not the same as non-immigrant visas (tourist/student/work temporary visas), which the notice indicates are treated differently.
5) Visa Issuance Suspensions tied to a Presidential Proclamation
The State Department also published a notice describing partial suspensions of visa issuance for certain countries/visa types, tied to a Presidential Proclamation and including exceptions.
This all means depending on your nationality and visa type, the consulate may stop issuing certain visas (with exceptions). Check the State Department notice for the specific categories.
6) Visa Bonds
The State Department lists countries subject to visa bonds under a pilot program, with several entries showing January 21, 2026, dates. Furthermore, some visitors may be asked to post a bond (money) as a condition of getting a visa, meant to discourage overstays.
7) H-2B Extra Visas for FY 2026
A temporary final rule authorizes up to 64,716 additional H-2B visas for FY 2026. This means some U.S. employers can hire more seasonal non-agricultural workers than normal this year, but the extra visas come with rules and timing.
8) Asylum Work Permits
In February 2026, DHS released a proposed rule that would sharply restrict asylum seekers’ ability to get work permits (EADs)—including extending wait times and potentially pausing eligibility based on processing-time triggers, according to reporting and DHS materials. This is not final and is expected to face heavy debate and legal challenges.
9) EB-4 Program Deadline
The State Department’s Visa Bulletin notes that a law extended the SR religious worker category only until January 30, 2026, and explains that after the cutoff date, SR visas/adjudications cannot be issued/finalized unless extended again.