Learn about the main US immigration changes so far in 2026 and how they affect visas, asylum, and residency processes.
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The US immigration landscape underwent significant changes during 2026. New rules for evaluating residency applications, additional controls for visa applicants, changes to asylum processes, and entry restrictions marked the agenda of US authorities.
For thousands of people who plan to study, work, reunite with their families, or settle in the country, these events represent a scenario that demands greater preparation. But what has really changed, and how might these decisions influence migration processes?
On July 16, the Department of Homeland Security (DHS) announced the elimination of the 2022 public charge rule. The new provision took effect on September 18, 2026.
The amendment expands the ability of immigration officials to assess each applicant's economic circumstances and consider various factors related to their potential dependence on public benefits.
Public charge is an inadmissibility criterion that can affect certain visa or permanent residence applications. This change does not mean that using any public benefit will automatically result in a denial, but it does introduce a broader and more personalized assessment.
Therefore, those planning to apply for permanent residency should pay special attention to the requirements and documentation of their process.
The State Department announced on September 18 that, beginning October 1, 2026, it would expand the digital presence check to those applying for Category I TN and TD visas.
These categories correspond, respectively, to representatives of foreign media, certain professionals covered by the United States-Mexico-Canada Agreement (USMCA) and their dependents.
Social media review was already applied to other categories, such as F and M student visas, H-1B workers, and J exchange visitors.
With this expansion, applicants for the new categories must set their social media profiles as public or open to facilitate consular checks.
In practice, this means that the review of an application may consider information available on the internet, in addition to the documents and responses submitted during the process.
On July 28, a new rule went into effect allowing USCIS to refer certain affirmative asylum applications directly to an immigration judge without first conducting an interview.
Previously, the interview was a standard part of the USCIS process. With this change, officials can determine, based on the case file and other evidence, that certain cases do not meet the criteria for approval and refer them to court.
It is important to clarify that this measure does not automatically apply to all applications. USCIS continues to conduct interviews when it is necessary to evaluate a potential approval and also in certain cases of individuals who retain a legal basis for remaining in the United States.
For those with a pending case, it is essential to know the status of their application and to pay attention to any notifications from the authorities.
Another important change was the modification of the H-1B visa selection system, used by US companies to hire foreign workers in specialized occupations.
The final rule was published on December 29, 2025, and went into effect on February 27, 2026, in time for the fiscal year 2027 season.
The new system establishes a weighted selection process that favors positions associated with higher salary levels and greater qualification requirements. However, employers can still register workers from different salary levels.
This modifies the previous process, which was based on random selection, and may influence the opportunities for foreign professionals seeking to work in the United States through this category.
On January 1, 2026, Presidential Proclamation 10998 came into effect, establishing total or partial suspensions of entry and visa issuance for citizens of 39 countries and persons traveling with certain documents issued or endorsed by the Palestinian Authority.
Restrictions vary depending on nationality and visa category. Some affect both immigrant and nonimmigrant visas, while others focus on specific categories, such as tourism, studies, and exchange programs.
There are exceptions, including certain cases of dual nationality and legal permanent residents.
In addition, on January 21, a pause in the issuance of immigrant visas for citizens of 75 other countries, including Colombia, was announced. However, this measure was lifted on August 21, following a court order.
This difference is important: not all restrictions have the same scope or necessarily remain in effect throughout the year.
There were also economic changes. In April 2026, DHS implemented provisions related to immigration fees established by HR 1 legislation, including the annual asylum fee for certain applicants with pending cases.
However, on August 5, a federal court blocked the enforcement of the penalties for not paying this fee. USCIS reinstated payment for those with outstanding amounts.
Therefore, it is important to check for judicial and administrative updates before making decisions about a procedure.
The 2026 changes show that migration processes increasingly require attention to detail: from financial documentation to digital information and compliance with the specific requirements of each category.
However, this does not mean that all immigration options have disappeared. The conditions depend on nationality, purpose of travel, visa category, and the specific circumstances of each applicant.
Therefore, staying informed and consulting reliable sources is essential to avoid mistakes, unnecessary expenses, and decisions based on outdated information.
US immigration policy may continue to change in the coming months. Understanding the current rules is the first step toward making responsible decisions.
At AsisVisa, we help you explore the available options and identify which alternatives might best suit your needs. Visit our website and find out which visa options are best suited to your current situation.
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