U.S. immigration policy timelineWhat changed, who it affects, where the litigation stands
Start here: This page lists, newest first by effective date, the U.S. immigration policy changes since 2025 that matter most to our readers. Each entry gives the effective date, who is affected, what it does, litigation and enforcement status and what to do now. Last verified: Oct. 22, 2026. Policies and court rulings change quickly, and each entry shows the date it was verified; check official sources and talk to an attorney before making decisions.
Status labels: "In effect · litigation pending" means the policy is being enforced while lawsuits continue; "Partly blocked" means a court paused part of it or protects only some people; "Blocked or vacated" means it is not being enforced for now, though the government may appeal. For the details of each case, see the immigration litigation tracker.
Category
Status
37 entries
- Effective TBDAnnounced Oct. 14, 2026
Proposal to end deference to prior approvals
- Who is affected
- H-1B, L-1 and other workers extending status on Form I-129, and their employers
- What it does
- USCIS proposes to delete 8 CFR 214.1(c)(5), so officers would no longer defer to a prior approval involving the same parties and facts when deciding an extension. The burden of proof would rest fully on the petitioner, and DHS expects more RFEs. Comments are due November 13, 2026.
- Litigation and enforcement
- Proposed rule, not in effect; no litigation.
- What to do now
- The current rule still applies. Prepare extensions with the full evidence of an initial petition. Employers may comment by November 13.
Verified through Oct. 19, 2026
Sources: Federal Register, 91 FR 65119 (2026-10-14), proposed rule · SHRM
- Effective TBDAnnounced Oct. 8, 2026
Proposed rule on OPT fees
- Who is affected
- F-1 students about to graduate and apply for OPT or STEM OPT, and their schools
- What it does
- ICE proposes to require SEVP-certified schools to pay a fee before entering an OPT recommendation in SEVIS, with separate tiers for the first OPT and later OPT (including STEM OPT extensions) (proposed at $70,000 for the first and $30,000 for each later one); without payment, USCIS will not approve the OPT work permit. It would take effect 60 days after a final rule is published.
- Litigation and enforcement
- This is a rulemaking proceeding; no related litigation found. The comment period runs until November 9, 2026.
- What to do now
- Not yet in effect. Students planning to apply for OPT should ask their school's DSO how the school plans to respond; the proposed amounts are as stated in the Federal Register.
Full analysis ›Verified through Oct. 18, 2026
Sources: Federal Register: Optional Practical Training Fees（91 FR 64566）
- Effective Oct. 7, 2026
BIA: departure abandons the entire asylum case
- Who is affected
- People with a pending asylum application who are considering travel abroad
- What it does
- In Matter of M-R-I-, 30 I&N Dec. 137 (BIA Oct. 7, 2026), the Board held that the presumption of abandonment under 8 CFR 208.8 / 1208.8 when an applicant leaves without advance parole covers the whole case, including withholding of removal and Convention against Torture (CAT) claims.
- Litigation and enforcement
- This is a precedent decision binding on immigration courts; as of October 2026, no contrary federal circuit ruling has been found.
- What to do now
- Do not leave the U.S. while your asylum case is pending; if travel is unavoidable, consult an attorney first about advance parole and the risks of returning to your home country.
Full analysis ›Verified through Oct. 19, 2026
Sources: EOIR: Matter of M-R-I-, 30 I&N Dec. 137 (BIA 2026) · eCFR: 8 CFR 208.8
- Effective Oct. 1, 2026Announced Aug. 31, 2026
New Form I-864 edition with credit report authorization
- Who is affected
- Sponsors and household members who must file Form I-864, I-864A or I-864EZ, including in family-based immigration
- What it does
- On August 31, 2026, USCIS published the 08/24/26 edition, which adds an authorization for USCIS and the Department of State to obtain the sponsor's credit report and credit score from credit bureaus. It was initially described as effective immediately, then a grace period was allowed through September 30; starting October 1, 2026, only the new edition is accepted.
- Litigation and enforcement
- AILA and others sued on September 3, 2026 in the U.S. District Court for the District of Columbia (AILA v. USCIS, No. 1:26-cv-03094), alleging violations of the Administrative Procedure Act and the Paperwork Reduction Act; as of October 2026, no court ruling found.
- What to do now
- Before filing, check the edition date at the bottom of each page against the USCIS website; sponsors who have frozen their credit should lift the freeze promptly when asked.
Full analysis ›Verified through Oct. 18, 2026
Sources: USCIS: Form I-864, Affidavit of Support · AILA: AILA and co-counsel sue USCIS over changes to Forms I-864, I-864A and I-864EZ
- Effective Sept. 18, 2026Announced July 20, 2026
Public charge final rule and new Form I-485
- Who is affected
- Green card applicants subject to public charge review, mainly family-based adjustment of status and consular applicants
- What it does
- DHS published a final rule on July 20, 2026 that rescinds the 2022 rule and moves to a case-by-case totality-of-the-circumstances determination, with a broader range of public benefits and individual factors that may be considered. It took effect September 18; Form I-485 filings from that date must use the new edition.
- Litigation and enforcement
- Make the Road New York and others sued on September 17, 2026 in the U.S. District Court for the Southern District of New York; as of October 2026, no court ruling found.
- What to do now
- Applicants who have received public benefits or have lower incomes should have an attorney assess their case before filing; use the current edition of Form I-485 on the USCIS website.
Full analysis ›Verified through Oct. 18, 2026
Sources: Immigration Policy Tracking Project: DHS public charge rule (final rule 2026-14539, litigation) · BAL: DHS final rule rescinds 2022 public charge regulation, effective Sept. 18 · USCIS: Form I-485
- Effective Sept. 15, 2026Announced July 17, 2026
Rule ending "duration of status" (D/S) for F and J
- Who is affected
- All F-1 and J-1 students and exchange visitors and their dependents, and I visa foreign media representatives
- What it does
- The final rule replaces D/S with fixed admission periods (for F and J, up to 4 years or the program end date, whichever is earlier); those staying longer must file Form I-539 for an extension. The post-completion grace period is cut from 60 days to 30 days, and transfers and changes of major are restricted.
- Litigation and enforcement
- On September 14, 2026, Judge Saylor of the U.S. District Court for the District of Massachusetts postponed the rule's effective date under Section 705 of the Administrative Procedure Act, nationwide; the government appealed to the First Circuit on September 30, and the appeal does not change the postponement order.
- What to do now
- The existing D/S system still applies. Before traveling, transferring or applying for OPT, confirm the latest status with your school's DSO.
Full analysis ›Verified through Oct. 18, 2026
Sources: Federal Register: Fixed Time Period of Admission Final Rule（2026-07-17） · Presidents' Alliance: 诉讼进展
- Effective TBDAnnounced Aug. 25, 2026
Proposed new fee for cap-subject H-1B petitions
- Who is affected
- Employers filing new cap-subject H-1B petitions (including the advanced degree exemption)
- What it does
- USCIS proposes to amend 8 CFR Part 106 to charge a separate, dedicated fee for cap-subject H-1B petitions (proposed at $103,265); cap-exempt petitions are not covered. This is separate from the $100,000 payment under the presidential proclamation; where both apply, each must be paid.
- Litigation and enforcement
- No related litigation found. The comment period closed on September 24, 2026, and as of October 18, 2026 no final rule has been seen.
- What to do now
- Not yet in effect. Employers entering the next lottery should watch whether a final rule is published in the Federal Register; the proposed amount is as stated in the Federal Register.
Full analysis ›Verified through Oct. 18, 2026
Sources: Federal Register: Fee for Certain H-1B Petitions（2026-08-25）
- Effective Aug. 13, 2026
BIA: travel on advance parole can trigger the 3/10-year bar
- Who is affected
- People who were unlawfully present in the U.S. for more than 180 days and travel abroad on advance parole, such as those who overstayed and are adjusting through a U.S. citizen spouse, and DACA recipients
- What it does
- In Matter of Delcarmen-Lara (29 I&N Dec. 830), the BIA overruled Matter of Arrabally and held that leaving on advance parole is a "departure" that triggers the unlawful presence bar. It applies only to travel after August 13, 2026.
- Litigation and enforcement
- This is a BIA precedent decision, not litigation; as of October 2026, no court ruling on the decision found.
- What to do now
- Anyone with a history of unlawful presence should, before leaving the U.S., have an attorney calculate the unlawful presence and assess any waiver options, then decide whether to travel.
Full analysis ›Verified through Oct. 18, 2026
Sources: EOIR: Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026) · Fragomen: BIA ruling means travel on advance parole can trigger admissibility bar
- Effective TBDAnnounced Aug. 6, 2026
New birthright citizenship order: Executive Order 14418
- Who is affected
- Families in which neither parent is a citizen and one parent is an employee of a foreign government or international organization, or who come to the U.S. to give birth or use a surrogate through a commercial arrangement
- What it does
- Signed on August 6, 2026, the order denies citizenship to children born in the U.S. in the categories above and others; Executive Order 14419, issued the same day, targets visas and entry for "birth tourism." A DHS interim final rule of September 9, 2026 created a green card registration procedure for children born in the U.S. to foreign government employees.
- Litigation and enforcement
- On September 2, 2026, the U.S. District Court for the District of Maryland issued a preliminary injunction for class members in CASA v. Trump; the Justice Department asked in early October for it to be lifted, with no ruling seen. Nathan v. Trump was filed in Washington, D.C. on September 28, with no ruling seen.
- What to do now
- Families of diplomats and international organization employees, and anyone planning to give birth in the U.S. as a visitor, should first have an attorney assess the child's proof of status and the visa risks, and follow the litigation.
Full analysis ›Verified through Oct. 18, 2026
Sources: Federal Register (public inspection): Executive Order 14418 · Federal Register (public inspection): DHS interim final rule, Sept. 9, 2026 · Law360: DOJ urges judge to lift block on birthright citizenship order (Oct. 7, 2026)
- Effective Aug. 5, 2026
USCIS may deny without first issuing an RFE or NOID
- Who is affected
- Anyone filing a benefit request with USCIS, including cases already pending
- What it does
- Policy Alert PA-2026-05 (effective Aug. 5, 2026) lets officers deny a request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when initial evidence is missing or eligibility is not shown. RFE responses are capped at 12 weeks, and the extra 14 days for notices mailed abroad is gone. It applies to pending and new filings.
- Litigation and enforcement
- Challenged together with PM-602-0199 in AAUP v. Mullin (D. Mass., filed Oct. 5, 2026). As of Oct. 22, the court had not ruled, and the policy remains in effect.
- What to do now
- File with all required initial evidence and proof of eligibility up front. If you receive an RFE, answer it completely before the deadline.
Full analysis ›Verified through Oct. 22, 2026
Sources: Immigration Policy Tracking Project: USCIS Announces New Evidentiary Policy（PA-2026-05） · AILA: USCIS Issues Policy Alert on Evidence, RFEs, and NOIDs · International Legal and Business Services Group: Lawsuit Challenging USCIS Green Card Policies Filed（Oct. 7, 2026）
- Effective July 28, 2026
Asylum cases may be referred to court without an interview
- Who is affected
- Affirmative asylum applicants at USCIS who lack lawful status
- What it does
- A DHS interim final rule of July 28, 2026 (Affirmative Asylum Referrals Without Interview) lets asylum officers refer some affirmative cases to immigration court without an interview. Separately, from August 21, 2026 USCIS requires "exceptional circumstances" to reschedule an interview and allows only 10 calendar days to ask for a new date after a missed interview or biometrics appointment.
- Litigation and enforcement
- As of October 2026, no court order pausing the rule has been found.
- What to do now
- Keep your address current and attend every appointment; if you receive a Notice to Appear, prepare for court and consult an attorney promptly.
Full analysis ›Verified through Oct. 19, 2026
Sources: Federal Register: Affirmative Asylum Referrals Without Interview (July 28, 2026)
- Effective May 21, 2026Announced May 22, 2026
USCIS: adjustment of status only in “extraordinary circumstances”
- Who is affected
- Family- and employment-based applicants filing Form I-485 inside the U.S., especially those in non-dual-intent status such as F-1, J-1 or B-2
- What it does
- USCIS Policy Memorandum PM-602-0199 (May 21, 2026) calls adjustment of status “extraordinary relief” and treats consular processing abroad as the default path. Officers weigh immigration history, family ties, moral character and other factors, and applicants must show they merit favorable discretion. Statutory eligibility rules are unchanged.
- Litigation and enforcement
- AAUP and others sued in the District of Massachusetts on Oct. 5, 2026 (No. 1:26-cv-14527), seeking vacatur and interim relief. As of Oct. 22, the court had not ruled, and the policy remains in effect.
- What to do now
- Before filing an I-485, assess the discretionary factors and document positive equities. Non-dual-intent applicants should consult counsel and compare consular processing.
Full analysis ›Verified through Oct. 22, 2026
Sources: Barnes & Thornburg: USCIS Reframes Adjustment of Status as 'Extraordinary' Relief（May 27, 2026） · American Immigration Council: Complaint, AAUP v. Mullin（D. Mass.） · Civil Rights Litigation Clearinghouse: AAUP v. Mullin, 1:26-cv-14527 (D. Mass.)
- Effective TBDAnnounced Mar. 27, 2026
Labor Department proposes higher prevailing wage levels
- Who is affected
- H-1B, H-1B1 and E-3 employers (LCA), and PERM labor certification employers and employees
- What it does
- A Department of Labor proposed rule would keep using BLS wage data but sharply raise the percentiles for the four prevailing wage levels (Level I from about the 17th to the 34th percentile, Level IV from the 67th to the 88th), applying to LCAs and PERM.
- Litigation and enforcement
- No related litigation found. The comment period closed on May 26, 2026, and as of October 18, 2026 no final rule has been seen.
- What to do now
- Current prevailing wage levels still apply. Employers with PERM or H-1B cases in progress should watch for the final rule's effective date and transition provisions.
Full analysis ›Verified through Oct. 18, 2026
Sources: Federal Register: Improving Wage Protections（91 FR 15454） · DOL 新闻稿（2026-03-26）
- Effective Feb. 27, 2026Announced Dec. 29, 2025
H-1B lottery now weighted by wage level
- Who is affected
- All employers and beneficiaries in the H-1B registration lottery
- What it does
- A Department of Homeland Security final rule changes the H-1B lottery from fully random to weighted by wage level: the higher the wage level, the more entries in the selection pool (4 for Level IV, 1 for Level I), and each beneficiary is counted only once. It was used for the FY 2027 lottery.
- Litigation and enforcement
- No related litigation or court ruling found.
- What to do now
- Recent graduates at lower wage levels have relatively lower odds of selection and should plan ahead for their OPT/STEM OPT timeline and other status options.
Full analysis ›Verified through Oct. 18, 2026
Sources: Federal Register: Weighted Selection Final Rule（90 FR 60864）
- Effective TBDAnnounced Feb. 23, 2026
Proposed 365-day wait for asylum work permits
- Who is affected
- Pending asylum applicants seeking a (c)(8) work permit
- What it does
- DHS published a proposed rule on February 23, 2026 (91 FR 8616) that would lengthen the wait before an asylum work permit can be approved from the current 180 days to 365 days, and pause new filings when processing falls behind. The comment period closed April 24, 2026.
- Litigation and enforcement
- As of October 2026, no final rule has been found; the current rule still allows filing at 150 days and approval at 180 days. A similar 2020 rule was vacated in AsylumWorks v. Mayorkas.
- What to do now
- Apply under the current 150/180-day rule as early as eligible, avoid delays that stop the clock, and watch for a final rule.
Full analysis ›Verified through Oct. 19, 2026
Sources: Federal Register: Employment Authorization Reform for Asylum Applicants (91 FR 8616) · Immigration Policy Tracking Project
- Effective Jan. 21, 2026Announced Jan. 14, 2026
State Department pause on immigrant visas for 75 countries
- Who is affected
- Immigrant visa applicants who are nationals of the 75 countries on the State Department's list (not nonimmigrant visas; dual nationals with a passport of a non-listed country are excepted)
- What it does
- Citing a high risk that applicants would become a public charge, the State Department paused immigrant visa issuance to nationals of 75 countries starting January 21, 2026. Applications and interviews could still go forward, but most were refused under 221(g). Mainland China is not on the list.
- Litigation and enforcement
- On Aug. 21, 2026, the S.D.N.Y. vacated the policy in CLINIC v. Rubio, and State stopped enforcing it on Aug. 28. The government appealed to the Second Circuit (No. 26-2573). On Oct. 19, a single circuit judge granted a temporary administrative stay only of the part vacating refusals based solely on the policy, so re-review of those refusals is paused; the policy itself remains blocked. The full stay motion is before a three-judge panel.
- What to do now
- If you received a 221(g) refusal under this policy, watch for a re-review notice from the embassy or consulate and follow up with an attorney's help.
Full analysis ›Verified through Oct. 22, 2026
Sources: travel.state.gov: Immigrant Visa Processing Updates for Nationalities at High Risk of U.S. Public Benefits Reliance（更新于 2026-08-28） · Envoy Global: Federal Court Blocks State Department's 75-Country Immigrant Visa Suspension · Maki Law Firm: 75-Country Visa Ban: Appeals Court Keeps Ban Blocked（2nd Cir. No. 26-2573, order of Oct. 19, 2026）
- Effective Jan. 1, 2026Announced July 4, 2025
1% excise tax on remittances abroad (IRC 4475)
- Who is affected
- People who send money abroad through a remittance provider using cash, money orders, cashier's checks or similar physical instruments
- What it does
- Starting January 1, 2026, a 1% tax applies to remittances abroad paid in cash or similar physical instruments, collected by the remittance provider. Transfers from accounts at regulated financial institutions, or paid with U.S.-issued debit or credit cards, are not covered.
- Litigation and enforcement
- No related litigation found. The IRS issued proposed regulations in April 2026; details are subject to the final regulations.
- What to do now
- Send large remittances through a bank account where possible and keep records of the source of funds; check current IRS rules.
Full analysis ›Verified through Oct. 18, 2026
Sources: Federal Register (public inspection): IRS proposed regulations on remittance transfer excise tax (2026-07085) · Cherry Bekaert: Excise tax on remittance transfers, IRC Section 4475
- Effective Jan. 1, 2026
New CBP Directive 049B on border device searches
- Who is affected
- Everyone entering the U.S., including U.S. citizens, green card holders and visitors
- What it does
- CBP Directive 3340-049B replaced the 2018 Directive 049A starting January 1, 2026. It keeps the distinction between basic and advanced searches, broadens the definition of "electronic device" (for example, USB drives, SIM cards and smartwatches), and sets approval requirements for detaining devices and deadlines for deleting data.
- Litigation and enforcement
- No litigation against the directive found. In September 2026, in United States v. Alisigwe, the Second Circuit held that a manual border search of a phone requires neither a warrant nor suspicion; the precedent binds only that circuit.
- What to do now
- Know your rights before you travel, answer truthfully, and do not delete or hide data; if a device is detained, ask for a receipt and consult an attorney promptly.
Full analysis ›Verified through Oct. 18, 2026
Sources: CBP: Directive No. 3340-049B Border Search of Electronic Devices · Jones Day: Second Circuit Authorizes Suspicionless Border Searches of Travelers' Digital Devices（2026-09）
- Effective TBDAnnounced Dec. 10, 2025
Proposed mandatory 5-year social media history for ESTA
- Who is affected
- Travelers planning to come to the U.S. under the Visa Waiver Program (ESTA)
- What it does
- On December 10, 2025, CBP published a proposed information collection change in the Federal Register that would require ESTA applicants to list the social media accounts they used in the past 5 years and provide additional personal information; the comment period ran until February 9, 2026.
- Litigation and enforcement
- This is an information collection process, not litigation. As of October 2026, no CBP announcement formally implementing the requirement found.
- What to do now
- When applying for ESTA, answer the form's current questions truthfully and do not delete or hide accounts; the implementation date is subject to a formal CBP announcement.
Full analysis ›Verified through Oct. 18, 2026
Sources: Federal Register: Arrival and Departure Record (Form I-94) and ESTA 信息收集修订（2025-12-10） · AIP: Policy primer: Social media screening proposed for ESTA（2026-03-26）
- Effective Dec. 5, 2025Announced Dec. 4, 2025
Maximum work permit validity shortened for some categories
- Who is affected
- Work permit applicants with a pending I-485 ((c)(9)), a pending asylum application, refugees and asylees, among others
- What it does
- USCIS updated its Policy Manual to cut the maximum validity of initial and renewal work permits in these categories from 5 years to 18 months, applying to applications filed on or after December 5, 2025 or pending on that date. Separately, under H.R. 1, parole- and TPS-based work permits are limited to one year.
- Litigation and enforcement
- No related litigation found.
- What to do now
- Work permits already issued remain valid until their expiration date. Applicants with a pending I-485 should note their work permit expiration date and renew on time.
Full analysis ›Verified through Oct. 18, 2026
Sources: USCIS: Increases Screening and Vetting of Aliens Working in U.S. · USCIS Policy Manual Updates
- Effective Dec. 2, 2025
USCIS hold on applications by travel ban nationals
- Who is affected
- Nationals of the 39 countries listed in the travel ban proclamations with immigration applications of any kind filed inside the U.S., including asylum, green card and naturalization applications
- What it does
- On December 2, 2025, a USCIS policy memorandum placed these nationals' applications on hold and required re-review of approved cases; on January 1, 2026, it was expanded to the Proclamation 10998 list, and nationality-related factors were made a negative discretionary factor.
- Litigation and enforcement
- On June 5, 2026, in Dorcas International Institute v. USCIS, the U.S. District Court for the District of Rhode Island vacated these policies; on August 14, the First Circuit stayed the vacatur only as to the "comprehensive re-review" portion, and the appeal continues.
- What to do now
- Mainland China is not on the list; if you or a family member is a national of a listed country, or you receive a notice about re-review or a hold, consult an attorney promptly.
Full analysis ›Verified through Oct. 9, 2026
Sources: Big Sky Immigration: Court Rejects USCIS Holds on Immigration Benefits for Nationals of Travel-Ban Countries（Dorcas 案 2026-06-05 裁定） · Immigration Policy Tracking Project: Proclamation 10998 及 USCIS 相关措施时间线
- Effective Oct. 30, 2025
Work permit renewals no longer automatically extended
- Who is affected
- Most categories filing work permit renewals on or after October 30, 2025 (including H-4 and L-2 spouses)
- What it does
- An interim final rule ends the automatic extension during renewal (previously up to 540 days); once the old card expires, you must wait for the new card to be approved before continuing to work. Extensions provided separately by law or in the Federal Register (such as for TPS) are excepted. A final rule of October 14, 2026 confirmed the rule without change.
- Litigation and enforcement
- On September 11, 2026, in Doe v. DHS, Judge Carter of the U.S. District Court for the Central District of California found the interim rule's reasons for skipping notice and comment insufficient, but the relief applies only to the 7 plaintiffs. No ruling seen on how the litigation is affected after the final rule.
- What to do now
- File your work permit renewal as early as possible before expiration (generally within 180 days before it expires), and plan ahead for a possible interruption in work.
Full analysis ›Verified through Oct. 18, 2026
Sources: Federal Register: Removal of the Automatic Extension of EADs（90 FR 48700） · Federal Register 公示：Final Rule（91 FR 65306） · Bloomberg Law: H-1B 配偶案有限胜诉（2026-09）
- Effective Oct. 20, 2025Announced Sept. 18, 2025
Naturalization test switches to the 2025 civics test
- Who is affected
- Naturalization applicants who file Form N-400 on or after October 20, 2025
- What it does
- The question bank grows from 100 to 128 questions; up to 20 questions are asked orally, and 12 correct answers are needed to pass. Applicants who filed earlier still take the 2008 test. Under the 65/20 special consideration, 10 questions are still asked from a dedicated set of 20, and the English test requirements are unchanged.
- Litigation and enforcement
- No related litigation found.
- What to do now
- Use the Received Date on your I-797C receipt notice to determine which version you will take, and prepare the answers that change with elections and appointments using the latest official answers.
Full analysis ›Verified through Oct. 18, 2026
Sources: Federal Register: Notice of Implementation of 2025 Naturalization Civics Test · USCIS: 2025 Civics Test
- Effective Sept. 30, 2025Announced Aug. 28, 2025
ESTA fee increase and new EVUS enrollment fee
- Who is affected
- Travelers coming to the U.S. under the Visa Waiver Program (ESTA), such as Taiwan passport holders, and holders of 10-year B visas in Chinese passports who must enroll in EVUS
- What it does
- Under H.R. 1, CBP raised the ESTA fee to $40 starting September 30, 2025 and created a new $30 EVUS enrollment fee, with the land-border I-94 fee adjusted at the same time; small inflation increases apply starting January 1, 2026.
- Litigation and enforcement
- No related litigation found.
- What to do now
- Apply for ESTA and EVUS through the official CBP website or official app and pay the current fee shown there; avoid third-party sites that add markups.
Full analysis ›Verified through Oct. 18, 2026
Sources: Federal Register: CBP 实施 H.R. 1 规定的费用（2025-08-28，文件号 2025-16453） · Federal Register: CBP 费用通胀调整（2025-11-19，文件号 2025-20304）
- Effective Sept. 21, 2025Announced Sept. 19, 2025
$100,000 payment proclamation for new H-1B petitions
- Who is affected
- Employers filing new H-1B petitions for workers abroad, and the beneficiaries
- What it does
- Presidential Proclamation 10973 requires a $100,000 payment with certain new H-1B petitions, mainly new petitions filed after September 21, 2025 for beneficiaries outside the U.S. Proclamation 11069 extends it to September 21, 2027.
- Litigation and enforcement
- A Massachusetts court vacated the implementing policy on June 8, 2026, and the First Circuit declined to stay it; a Northern District of California court barred enforcement on September 30, and on October 9 the government appealed to the Ninth Circuit and sought a stay. The D.C. district court upheld the proclamation; that case is on appeal.
- What to do now
- The payment is reportedly not being enforced at present, but it could resume at any time while appeals are pending. Before filing a new H-1B petition, check the current USCIS and State Department guidance.
Full analysis ›Verified through Oct. 18, 2026
Sources: Federal Register: Proclamation 10973（90 FR 46027） · White House: 2026 年 9 月延长公告 · Bloomberg Government: 政府就 Global Nurse Force 案上诉（2026-10-09）
- Effective Sept. 19, 2025
The "Gold Card" program
- Who is affected
- Individuals and businesses considering an EB-1 or EB-2 green card through a payment to the government
- What it does
- Created by an executive order of September 19, 2025 (Executive Order 14351): an individual pays $1 million, or a business pays $2 million for an employee, to apply under EB-1 or EB-2. In November 2025, USCIS released a dedicated form, Form I-140G, with a separate processing fee.
- Litigation and enforcement
- AAUP and others sued on February 3, 2026 in the U.S. District Court for the District of Columbia (AAUP v. DHS, No. 1:26-cv-00300), and the government has moved to dismiss; as of October 2026, no ruling on the merits found.
- What to do now
- This is a recent policy, and the rules and litigation are still changing; before paying, have an attorney assess the source of funds, category eligibility and litigation risk.
Full analysis ›Verified through Oct. 18, 2026
Sources: White House: Fact Sheet, President Trump launches the Gold Card program · Civil Rights Litigation Clearinghouse: AAUP v. DHS, No. 1:26-cv-00300 (D.D.C.) · Immigration Policy Tracking Project: EO 14351 Gold Card
- Effective Sept. 6, 2025
Apply for nonimmigrant visas in home or residence country
- Who is affected
- People planning to apply for a nonimmigrant visa at a U.S. embassy or consulate in a third country, such as students and work visa holders renewing while traveling outside the U.S.
- What it does
- On September 6, 2025, the State Department announced, effective immediately, that nonimmigrant visa applicants should generally schedule their interview at a U.S. embassy or consulate in their country of nationality or residence; those applying based on residence must be able to prove it. Applicants in a third country may find it harder to qualify, and fees already paid are not refundable or transferable. Diplomatic and official visas and certain others are excepted.
- Litigation and enforcement
- This is a State Department procedural policy; no related litigation found.
- What to do now
- For example, if you hold a Chinese passport and live in the U.S. or a third country, schedule your visa interview in your country of nationality or actual residence; if you must apply in a third country, assess the risks first.
Full analysis ›Verified through Oct. 18, 2026
Sources: travel.state.gov: Adjudicating Nonimmigrant Visa Applicants in Their Country of Residence（2025-09-06） · Boston University ISSO: Visa Applicants Must Apply in Country of Citizenship or Residence
- Effective Sept. 2, 2025Announced July 25, 2025
Nonimmigrant visa interview waivers sharply narrowed
- Who is affected
- People applying for or renewing nonimmigrant visas, including children under 14 and adults over 79
- What it does
- Starting September 2, 2025, most nonimmigrant visa applicants must interview in person, and the automatic age-based interview waivers have ended. Waivers are now mainly limited to diplomatic and official visas, renewals of full-validity B1/B2 visas that expired within 12 months (where the applicant was at least 18 when the prior visa was issued), and H-2A renewals.
- Litigation and enforcement
- This is a State Department procedural policy; no related litigation found. Consular officers may still require an interview case by case.
- What to do now
- If your visa is about to expire and needs renewal (including for older parents), check appointment availability at your embassy or consulate early and plan your timing on the assumption that an interview is required.
Full analysis ›Verified through Oct. 18, 2026
Sources: travel.state.gov: Interview Waiver Update（2025-09-18） · travel.state.gov: Interview Waiver Update（2025-07-25）
- Effective Aug. 15, 2025
Holistic good moral character review and neighborhood checks
- Who is affected
- All Form N-400 naturalization applicants
- What it does
- PM-602-0188 (August 15, 2025) requires a holistic assessment of good moral character, weighing positive factors such as tax compliance, employment and family responsibilities, and scrutinizing conduct such as repeated traffic violations more strictly. PM-602-0189 (August 22) shifts to deciding case by case whether to investigate around the applicant's residence and workplace.
- Litigation and enforcement
- No related litigation found.
- What to do now
- Before filing, review your tax filings, any tax debts, traffic violations and travel records; you may prepare letters from neighbors, employers or coworkers. If you have an arrest or tax issue, have an attorney assess it first.
Full analysis ›Verified through Oct. 18, 2026
Sources: USCIS PM-602-0188, Good Moral Character (Aug. 15, 2025; AILA copy) · USCIS PM-602-0189, Neighborhood Investigations (Aug. 22, 2025; AILA copy)
- Effective July 22, 2025Announced July 4, 2025
New statutory immigration fees under H.R. 1
- Who is affected
- Asylum applicants, parolees, TPS applicants and holders, Special Immigrant Juveniles, and related work permit applicants
- What it does
- The law signed on July 4, 2025 adds fees that cannot be waived, such as an asylum application fee and an annual asylum fee of at least $100 each and a parole fee of at least $1,000 (implemented starting October 16, 2025), adjusted each year for inflation.
- Litigation and enforcement
- On August 5, 2026, in VAM v. USCIS, the U.S. District Court for the District of Massachusetts stayed penalties for unpaid annual asylum fees but did not block collection of the fee; on September 22, in ASAP v. EOIR, the U.S. District Court for the District of Maryland ruled partly in the plaintiffs' favor.
- What to do now
- Pay on time as instructed by USCIS or EOIR notices and keep your address up to date; rely on the USCIS fee schedule and current court rulings.
Full analysis ›Verified through Oct. 18, 2026
Sources: Federal Register: USCIS immigration fees and related procedures required by H.R. 1 (Apr. 29, 2026) · Federal Register: Immigration Parole Fee required by H.R. 1 (Oct. 16, 2025) · ASAP: VAM v. USCIS (annual asylum fee litigation)
- Effective TBDAnnounced July 4, 2025
Visa integrity fee (H.R. 1) not yet implemented
- Who is affected
- Applicants issued a nonimmigrant visa (other than diplomatic and official visas and certain others)
- What it does
- Section 100007 of the federal budget law signed on July 4, 2025 (Public Law 119-21) created a visa integrity fee, charged when a nonimmigrant visa is issued, set by statute at no less than $250 and adjusted for inflation; a refund may be requested in situations such as complying with visa conditions and departing on time.
- Litigation and enforcement
- No related litigation found. DHS stated in the Federal Register on July 22, 2025 that the fee requires interagency coordination and that implementation details would be announced separately; as of October 2026, no announcement of a uniform collection date found.
- What to do now
- When applying for a visa, rely on the current fee information from the State Department and your embassy or consulate, and do not trust fee demands from unofficial sources.
Full analysis ›Verified through Oct. 18, 2026
Sources: Federal Register: USCIS Immigration Fees Required by HR-1 Reconciliation Bill（2025-07-22） · Congress.gov: H.R. 1（Public Law 119-21）
- Effective June 18, 2025
Expanded social media vetting for student visas
- Who is affected
- F, M and J visa applicants, and H-1B/H-4, I and TN/TD applicants
- What it does
- The State Department paused student visa interview scheduling at the end of May 2025 and resumed it on June 18, requiring F, M and J applicants to set their social media to "public" for review; this was expanded to H-1B/H-4 on December 15, 2025 and to I and TN/TD on October 1, 2026.
- Litigation and enforcement
- No related litigation found.
- What to do now
- Before your visa interview, list your social media accounts truthfully on the DS-160, set them to public as required, and do not delete or hide accounts.
Full analysis ›Verified through Oct. 18, 2026
Sources: 国务院：Announcement of Expanded Screening and Vetting for Visa Applicants · 国务院：H-1B/H-4 扩大审查公告
- Effective June 9, 2025Announced June 4, 2025
Travel ban Proclamations 10949 and 10998
- Who is affected
- Nationals of the 39 listed countries (and holders of Palestinian Authority travel documents), mainly those outside the U.S. without a valid visa
- What it does
- Proclamation 10949 restricted entry by nationals of 19 countries starting June 9, 2025; Proclamation 10998 expanded this starting January 1, 2026 to full restrictions on 19 countries and partial restrictions on 20, and removed exceptions such as immigrant visas for immediate relatives. Mainland China, Hong Kong and Taiwan are not on the list.
- Litigation and enforcement
- The proclamations themselves remain in force. On July 29, 2026, in A.A. v. State, the U.S. District Court for the Eastern District of Virginia vacated the policy of applying the proclamation to family members of Afghans granted asylum; no ruling found that blocks enforcement of the proclamations as a whole.
- What to do now
- If you hold a passport of a listed country, are a dual national, or have family from a listed country, check the State Department's latest list and exceptions before traveling or applying for a visa, and consult an attorney.
Full analysis ›Verified through Oct. 18, 2026
Sources: Federal Register: Proclamation 10998（90 FR 59717，2025-12-19） · NAFSA: Proclamation of December 16, 2025（与 10949 号的关系及名单） · Refugee rights 新闻稿：A.A. v. State 裁定（2026-07-29）
- Effective Apr. 11, 2025Announced Mar. 12, 2025
Alien registration requirement and Form G-325R
- Who is affected
- Noncitizens age 14 or older who stay in the U.S. 30 days or more and have not registered as the law requires (mostly people with no record of lawful entry); those who already have registration evidence such as a green card or valid I-94 generally do not need to register separately
- What it does
- DHS issued an interim final rule on March 12, 2025 designating Form G-325R as the general registration form, effective April 11; people 18 and older must carry proof of registration. A final rule on June 29, 2026 confirmed the system and updated the list of documents that count as proof of registration; there is currently no fee.
- Litigation and enforcement
- On April 10, 2025, in CHIRLA v. DHS, the U.S. District Court for the District of Columbia denied a preliminary injunction, and the rule remains in effect; the plaintiffs appealed to the D.C. Circuit, and as of October 2026 no appellate ruling found.
- What to do now
- Registering can itself carry enforcement risk. Whether you need to register, and whether you should, is a decision to make only after an attorney reviews your immigration history.
Full analysis ›Verified through Oct. 18, 2026
Sources: Federal Register: Alien Registration Form and Evidence of Registration（最终规则，2026-06-29） · USCIS: Alien Registration Requirement · American Immigration Council: CHIRLA v. DHS
- Effective TBDAnnounced Jan. 20, 2025
Executive Order 14160 on birthright citizenship
- Who is affected
- U.S.-born children whose parents are in the U.S. unlawfully or on temporary visas (such as H-1B, F-1 or B visas), and their families
- What it does
- Signed on January 20, 2025, the order sought to deny U.S. citizenship to children born when neither parent was a citizen or green card holder and the mother was in the U.S. unlawfully or temporarily. According to public reports, the order was never actually implemented.
- Litigation and enforcement
- On June 27, 2025, in Trump v. CASA, the Supreme Court limited "universal injunctions" but did not decide whether the order is constitutional. On June 30, 2026, in Trump v. Barbara, the Court upheld the class-wide injunction and held the order invalid.
- What to do now
- Under Barbara, these children are U.S. citizens at birth and can apply for a passport and Social Security number with a U.S. birth certificate. Also watch the new Executive Order 14418.
Full analysis ›Verified through Oct. 18, 2026
Sources: Supreme Court docket: Trump v. Barbara, No. 25-365 · Federal Register: Executive Order 14160 (90 FR 8449) · Supreme Court: Trump v. CASA, Inc. opinion (June 27, 2025)
- Effective Jan. 20, 2025
Proclamation restricting asylum at the southern border
- Who is affected
- People who enter at the U.S.-Mexico border and seek asylum or other protection
- What it does
- Presidential Proclamation 10888 invokes an "invasion" to suspend entry at the southern border, bars those affected from applying for asylum, and speeds up removals through procedures outside the statute.
- Litigation and enforcement
- On April 24, 2026, in RAICES v. Mullin, the D.C. Circuit affirmed the judgment that the proclamation is unlawful, and in July it denied rehearing en banc; the relief concerning asylum remains stayed. The government has petitioned the Supreme Court for certiorari (No. 26-239), set for conference on November 6.
- What to do now
- Asylum applications by people already in the U.S. are subject to rules such as the one-year deadline; consult an attorney as early as possible.
Full analysis ›Verified through Oct. 18, 2026
Sources: Supreme Court docket: Mullin v. RAICES, No. 26-239 · CGRS: RAICES v. Mullin case page
- Effective TBD
TPS terminations and the Supreme Court ruling
- Who is affected
- People with Temporary Protected Status (TPS) and related work permits, and their employers
- What it does
- Since 2025, DHS has terminated TPS for countries including Haiti, Syria and Venezuela. Termination dates, transition periods and work permit validity differ by country; rely on the Federal Register and the USCIS page for each country.
- Litigation and enforcement
- On June 25, 2026, in Mullin v. Doe, the Supreme Court held 6-3 that the statute bars non-constitutional review of TPS terminations; on October 5, it vacated the Ninth Circuit's judgments in the Venezuela and Haiti cases and remanded them.
- What to do now
- Check the expiration dates of your country's TPS and your work permit one by one, and assess other options, such as family-based immigration or asylum, as early as possible.
Full analysis ›Verified through Oct. 18, 2026
Sources: Supreme Court docket: Mullin v. Doe, No. 25-1083 · Supreme Court docket: Mullin v. National TPS Alliance, No. 26-48 · USCIS: Temporary Protected Status
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How to use this timeline
- Start with "who is affected": many changes apply only to certain nationalities, visa categories or applications filed after a certain date.
- Then check the dates: "effective" is when enforcement begins; whether the filing date, visa issuance date or entry date controls differs by policy.
- A lawsuit is not a pause: a policy stops only when a court enjoins, stays or vacates it, and relief may cover only the plaintiffs or a class.
- Share a single entry: every entry has a permanent link (for example /en/policy/#h1b-100k-fee).
Related reading
- Immigration litigation tracker
- Visa Bulletin and priority date calculator
- Travel and maintaining status
- Case law
Not sure whether a new policy affects your case, travel or status? Book a consultation with David Wang › Call (312) 519-1115. David communicates in English, Chinese and French.
This page is general information, not legal advice. Immigration policies and court rulings may change at any time, and outcomes depend on the specific facts; rely on the latest Federal Register notices and agency and court announcements.