Policy tracker · 2026
Immigration changes in 2026, in one place.
What changed, who it affects, and whether it is in effect, blocked or still in court.
Rules, court rulings and agency policies have changed quickly this year. Each entry gives the date, the current status as we last checked it against official sources, and a link to our full guide.
The changes
Filter by status or by topic.
Newest first. A status can change after we check it, so confirm before you act on any entry.
USCIS raises some H.R. 1 fees for filings from Oct. 16, 2026
A Federal Register notice adjusts several H.R. 1 fees for inflation, including initial work permits for asylum applicants, parolees and TPS applicants, initial TPS registration and the annual asylum fee, while other H.R. 1 fees stay the same. A filing postmarked on or after Oct. 16, 2026 without the new amount will be rejected, and the parole fee follows the date parole is granted, not the date the request was mailed.
Who it affects: Asylum applicants, TPS applicants and parolees who file with USCIS
Status: Announced Oct. 1, 2026; the new amounts apply to filings postmarked on or after Oct. 16, 2026.
End of automatic work permit extensions made final
For EAD renewals filed on or after October 30, 2025, a timely renewal no longer keeps the old card valid past its printed expiration date. Renewals filed before that date keep the extension they qualified for, and TPS work permits follow their own Federal Register notices.
Who it affects: People renewing a work permit (EAD) in categories such as asylum pending, pending green card and H-4
Status: In effect for renewals filed on or after Oct. 30, 2025; DHS made the rule final on Oct. 14, 2026, without changes.
Labor Department reportedly suspends PERM filings for eight large employers
The Labor Department reportedly stopped accepting and processing PERM labor certifications for eight employers under investigation, using its existing suspension rule at 20 C.F.R. 656.31(b). A suspension is a pause, not a denial, and it does not cancel anyone's current H-1B status; the effect depends on how far each worker's green card case has gone.
Who it affects: H-1B workers and H-4 spouses whose green card sponsor is one of the employers named in the announcement
Status: Reported in effect with no end date announced, based on the Oct. 8, 2026 announcement; no written DOL notice has been published that we could find.
Immigration court and BIA filing fees rise for fiscal year 2027
EOIR adjusted for inflation the fees Congress added in 2025 for appeals, motions to reopen or reconsider, cancellation of removal and certain DHS forms filed in court, such as adjustment of status. Fee waiver and fee exception rules did not change, and filing deadlines did not move.
Who it affects: People in immigration court or appealing to the BIA
Status: In effect for filings made with the immigration courts or the BIA on or after Oct. 1, 2026.
State Department widens social media review for visa applicants
Consular officers now review the online presence of applicants in more visa categories and tell them to set all social media profiles to public. Every applicant still lists the social media handles used in the past five years on the visa form, so answers should be complete and match the application.
Who it affects: Nonimmigrant visa applicants in covered categories, including K, T, U, R, H-1B, F, M, J, TN and TD
Status: In effect; the State Department added I, TN and TD visa applicants on Oct. 1, 2026, on top of the March 30, 2026 expansion.
New public charge rule and new Form I-485 in effect
For adjustment applications postmarked or submitted online on or after Sept. 18, 2026, officers weigh the applicant's whole situation, including the applicant's own use of means-tested public benefits, under the new rule and USCIS guidance. USCIS accepts only the 09/18/26 edition of Form I-485, and groups exempt by law, such as asylees and U visa applicants, remain exempt.
Who it affects: Green card applicants inside the U.S. who are subject to public charge and file on or after Sept. 18, 2026
Status: The rule is in effect; three lawsuits are pending in New York, and no court has paused it.
H-4 EAD: no automatic extension, and a lawsuit with narrow relief
H-4 spouses who renewed on or after October 30, 2025 must stop working when the card expires if the new card has not arrived. A federal court in California ruled for a small group of H-4 plaintiffs on September 11, 2026, but did not block the rule nationwide, so it still applies to everyone else.
Who it affects: H-4 spouses of H-1B workers renewing an H-4 EAD
Status: The rule applies to H-4 spouses; a Sept. 11, 2026 court order covers only the plaintiffs, and DHS made the rule final Oct. 14, 2026.
New Form I-864 lets USCIS check a sponsor's credit report
The 08/24/26 edition of Form I-864 includes a privacy release that lets USCIS request a sponsor's information from consumer reporting agencies, so a sponsor with a credit freeze should be ready to lift it if asked. USCIS does not reject an I-485 filed with an older edition, but it treats the older form as missing required initial evidence, which can lead to a request for evidence or a denial.
Who it affects: U.S. citizens and permanent residents who sponsor a relative, including joint sponsors
Status: USCIS accepts only the 08/24/26 edition for filings postmarked or submitted on or after Oct. 1, 2026.
Third Circuit restores bond hearings; Supreme Court to review the issue
In Buele Morocho (Aug. 28, 2026), the Third Circuit held that people who entered without inspection and were later arrested inside the country are detained under INA 236(a) and may ask an immigration judge for bond, and it declined to follow Matter of Yajure Hurtado. On Oct. 1, 2026 the Supreme Court agreed to review the same question in a Second Circuit case, so the rule could change nationwide; a bond hearing is a chance to ask for release, not a promise of it.
Who it affects: People held by ICE in PA, NJ or DE who entered without inspection and were arrested inside the U.S.
Status: Binding in PA, NJ and DE; the Supreme Court agreed on Oct. 1, 2026 to decide the same question.
75-country immigrant visa pause struck down; appeal pending
In January 2026 the State Department stopped issuing immigrant visas to nationals of 75 countries. On Aug. 21, 2026, a federal court in New York set that policy aside and canceled refusals based only on it; the government has appealed and the court is still overseeing how returned cases are handled, so confirm your case status with the consulate before you travel.
Who it affects: Nationals of the 75 listed countries applying for immigrant visas at U.S. consulates, and their U.S. sponsors
Status: The court's order setting the pause aside is still in effect, and the government's request to pause that order is pending in the Second Circuit.
Advance parole travel now counts as a departure for unlawful presence bars
In Matter of Delcarmen-Lara, the Board of Immigration Appeals held that leaving the U.S. on advance parole is a departure under the unlawful presence bar, overruling its 2012 decision in Arrabally and Yerrabelly. People who built up unlawful presence before traveling should have their history reviewed before they leave.
Who it affects: People with a pending green card case and advance parole who built up more than 180 days of unlawful presence before leaving
Status: In effect: a binding Board precedent that USCIS has applied to departures since Aug. 13, 2026, as of Oct. 15, 2026.
Birthright citizenship: Supreme Court ruling and new August order
In Trump v. Barbara (June 30, 2026), the Supreme Court held that children born in the U.S. to parents who are here unlawfully or temporarily are citizens at birth. A new executive order of Aug. 6, 2026 targets narrower groups; a federal court in Maryland blocked it for the certified class on Sept. 2, 2026, while a DHS rule on children of foreign government employees took effect Sept. 4, 2026 for children outside that class.
Who it affects: U.S.-born children whose parents are not U.S. citizens, especially children of foreign government employees
Status: The June 30, 2026 ruling stands; the Aug. 6, 2026 order is blocked for the certified class of children, but other parts are moving forward and the litigation continues.
Justice Department steps up civil denaturalization cases
The Justice Department has made civil denaturalization a priority and is filing cases in larger batches, mostly over criminal history or identity that was allegedly hidden. The legal standard is unchanged: the government must prove its case in federal court, and the complaints are allegations only.
Who it affects: Naturalized U.S. citizens, mainly those with undisclosed conduct or identity issues from before the oath
Status: Ongoing: DOJ announced 40 more civil complaints on Oct. 5, 2026, after 25 announced on Aug. 3, 2026; the law itself has not changed.
USCIS may refer asylum cases to court without an interview
An asylum officer may now send an affirmative asylum case to immigration court based on the written record when the applicant appears barred, ineligible or not deserving of a discretionary grant. A referral is not a denial: the judge hears the claim fresh, but the case becomes adversarial.
Who it affects: People with affirmative asylum applications at USCIS, especially those who filed after the one-year deadline
Status: In effect since July 28, 2026; a lawsuit asking a federal court in D.C. to pause it was pending at last check.
USCIS signature rule: an invalid signature can lead to denial
Under an interim final rule effective July 10, 2026, USCIS may reject or deny a request, even after accepting it, if it was not filed with a valid signature. A handwritten original, a copy or scan of a handwritten original, or a signature given through a USCIS online account is valid; a typed or stamped signature, or a signature image pasted onto the form afterward, is not.
Who it affects: Anyone filing a form or benefit request with USCIS
Status: In effect since July 10, 2026.
Supreme Court allows TPS to end for Haiti and Syria
In Mullin v. Doe (June 25, 2026), the Supreme Court held that the TPS statute bars court review of non-constitutional challenges and that the Haiti equal-protection claim was unlikely to succeed. Losing TPS is not a removal order, and many former holders may have other options worth reviewing with a lawyer.
Who it affects: TPS holders from Haiti and Syria
Status: Ended; USCIS lists both designations as terminated effective July 27, 2026.
Court strikes down USCIS 39-country benefits freeze (Dorcas)
On June 5, 2026, a federal court in Rhode Island set aside USCIS policies that froze green card, work permit, naturalization and asylum decisions for nationals of 39 countries and that counted country of origin against applicants. The First Circuit kept most of that ruling in place during the appeal, and a separate California court ordered USCIS to return paused cases to normal processing.
Who it affects: People in the U.S. from the 39 travel-ban countries with pending or approved USCIS cases
Status: The freeze and the country-of-origin factor remain set aside during the appeal, but USCIS may keep re-reviewing some past approvals for now.
Annual asylum fee in effect; USCIS nonpayment penalties on hold
Since May 29, 2026, a DHS rule requires a yearly fee for each year an asylum application stays pending, paid online after USCIS sends a notice, with no fee waiver. A federal court in Massachusetts has paused USCIS's penalties for nonpayment until it decides the case, but in immigration court the Board has held that not paying ends the asylum claim, though not withholding of removal or protection under the Convention Against Torture.
Who it affects: Anyone with an asylum application pending at USCIS or in immigration court
Status: USCIS still collects the fee, but a court order pauses its penalties for nonpayment; in immigration court, nonpayment can still end the asylum claim.
USCIS memo tightens discretion for green cards filed inside the U.S.
Policy memo PM-602-0199 tells officers to treat adjustment of status as extraordinary, discretionary relief. It says that a clean record alone does not show the unusual or outstanding equities needed to offset negative factors, so applicants should document family ties, work history and other positive factors and explain any past immigration problems.
Who it affects: People seeking a green card from inside the U.S., especially those who overstayed, worked without permission or could have used consular processing
Status: The memo is in effect as officer guidance, and we found no court order limiting it.
BIA appeals rule: 30-day deadline stays, new briefing rules apply
A February 2026 DOJ rule tried to cut the BIA appeal deadline to 10 days and make most appeals discretionary, but a federal court vacated the 10-day deadline on March 8, 2026, and EOIR has confirmed the deadline remains 30 days. For judge decisions issued on or after March 9, 2026, both sides file briefs at the same time, reply briefs need the Board's invitation, and briefing extensions are limited to exceptional circumstances.
Who it affects: Anyone appealing an immigration judge's decision to the BIA
Status: The 10-day appeal deadline was vacated and 30 days still applies; the new briefing rules are in effect.
No entries match these filters.
Reading the statuses
What each status means.
The rule or policy applies now.
A court stopped part of it; the rest applies.
A court stopped or vacated it, at least for now.
It applies or was decided, but an appeal or lawsuit is pending.
A benefit or program that has stopped.
Keep going
Tools and guides.
Your case
Not sure whether a change reaches your case?
Many of these changes apply only to filings after a certain date, to certain nationalities or to certain forms. An attorney can read your notices and tell you which ones matter for you, in English or Spanish.
Have your receipt notices and any letters from USCIS or the court in hand.
How often is this tracker updated?
We check the statuses when a rule, ruling or policy changes and at regular intervals, and the date at the top shows the last full check. Each entry links to the official source so you can confirm the current status yourself.
What does "blocked by a court" mean for me?
It means a court has stopped or set aside the rule, at least for now. Some orders protect everyone and some protect only certain people or places, and the government can appeal, so a blocked rule can come back.
Does a new rule apply to a case I already filed?
It depends on the rule. Many apply only to applications filed or decided after a set date, while others reach pending cases. Each guide explains the dates for that change.
Why doesn't the tracker list fee amounts?
Government fees change often, so we keep them in one place: our USCIS fee guide, checked against the official fee schedule.
Is this legal advice?
No. The tracker explains changes in general terms. Whether a change affects you depends on your history and filings, which an attorney reviews in a consultation.
Statuses checked against official sources on October 15, 2026. General information, not legal advice. A rule or ruling can change after the date shown.
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