The Legal Brief: 2025 Policy Changes and What to Expect in 2026
Today’s briefing is brought to you by Ana Gabriela Urizar, an immigration lawyer with almost a decade of experience and over 15,000 cases filed.
Immigration policy saw several big shifts in 2025 as President Trump’s administration enhanced screenings, narrowed guidelines, and imposed stricter travel rules. The changes implemented this year affected foreign nationals of all types, including Green Card holders, temporary workers, asylum seekers, and even tourists.
In 2026, further change is likely. Whether it’s adjustments to the H-1B lottery, proposed reforms to employment-based Green Card categories, or changes to student visas, there’s a lot of uncertainty ahead.
Read on for a full recap of how immigration policy shifted in 2025 and what we’re predicting for 2026.
1. Increased tracking and compliance requirements
Biometric entry/exit expansion
Beginning on December 26th, Customs and Border Protection (CBP) began implementing a policy of photographing all noncitizens as they enter and exit the country. This policy applies to anyone who isn’t a U.S. citizen, including Green Card holders or temporary visa workers, and it applies at every point of entry in the country, whether on land or sea. It essentially creates a real-time ledger of every non-American’s presence in the U.S.
Alien registration rule
Earlier in the year, the administration revived an essentially dormant statutory requirement through the Alien Registration Rule. Effective April 11, nearly all noncitizens over the age of 14 who remain in the U.S. for more than 30 days must register with the government and submit their fingerprints. The rule also requires noncitizens over 18 to carry proof of registration at all times, and failing to do so can be considered a crime.
My advice: Families with children should note that the Alien Registration Rule requires kids to re-register and be fingerprinted within 30 days of their 14th birthday. It’s an easy deadline to miss, but it is likely to be enforced more often.
2. New rules for visa interviews
The administration also restructured how visas are issued abroad. Third-country interviews are no longer available, with limited exceptions, and most applicants must schedule their interview in their home country or country of residence.
Additionally, interview waivers have been virtually eliminated, requiring an in-person appointment in your country of residence or country of nationality for all nonimmigrant visas, including renewals. For some countries with a greater demand for U.S. visas, these changes are leading to increased wait times for interview appointments, which could also require more advanced planning for travel.
My advice: Build travel and work start-date buffers. Quick trips for visa stamping are less reliable when interviews are required, and appointment backlogs vary by country and embassy or consulate.
3. Tighter restrictions following deadly shooting in D.C.
After an Afghan national was charged with killing one National Guard member and injuring another in D.C., the administration placed tighter restrictions on certain immigration benefits. These included:
- An indefinite pause on all final asylum adjudications
- Expanded travel bans targeting nearly 40 countries
- A pause on processing all Green Card and citizenship applications from 19 “countries of concern”
The administration also halted all issuance of Diversity Visas and Green Card processing for DV program applicants.
Together, these moves effectively freeze thousands of pending applications as part of a broader shift toward more restrictive entry and screening policies.
4. New fees and social media vetting
For both employers and employees, 2025 introduced unprecedented new financial requirements and vetting hurdles.
The $100,000 H-1B entry fee
A Presidential Proclamation issued in September imposed a $100,000 fee for every new H-1B petition from outside the U.S., and the president’s authority to create the new fee was recently upheld by a federal judge. Note that the fee doesn’t apply to change of status, extensions, and other filings made within the U.S.
Trump Gold Card
Introduced in September and launched in December, the program created a new pathway to permanent residency for individuals willing to gift $1 million to the U.S. Department of Commerce. The Gold Card allows applicants to qualify under the EB-1 or EB-2 lawful permanent residence categories. While applicants receive expedited processing, they may still need to wait months or even years for a visa to become available in their category.
End of automatic EAD renewals
On October 30, the administration terminated the automatic 540-day extension for Employment Authorization Documents (EADs). This forces workers to apply for renewals earlier, before their current one expires. Without those automatic extensions, workers who couldn’t secure EAD renewals before their expiration would need to stop work until they receive a renewal approval. This move increases the risk of gaps in employment for workers and can cause disruption for employers. Plus, employers will need to be careful to remain in I-9 compliance and re-verify employees if work authorization lapses.
Social media vetting
What began as social media vetting for student visas quickly expanded to include vetting for all immigration benefits and, most recently, H-1B and H-4 applicants.
My advice: Assume your online presence will be reviewed. Keep profiles consistent with your application, and avoid posts that could be misread as security-related concerns. Be prepared to provide public access to your profiles for the entire time your application is in process. Ensure your digital profile reflects good moral character. Anything that could be construed as anti-American or inconsistent with your visa intent will be scrutinized.
Looking ahead to 2026: What to expect
The momentum of 2025 is expected to carry into 2026 with several proposed rules currently in the final stages of the federal pipeline.
New H-1B weighted lottery
The random H-1B lottery is scheduled to be replaced for the 2027 H-1B season (which begins in early 2026) by a system that adds weight to higher wage levels. Selection will be prioritized for roles offering Level IV wages, effectively eliminating many entry-level Level I roles from the program. My advice to employers is to plan your hiring adjustments now. You should re-evaluate roles to better fit new requirements.
Public charge and health-related denials
A major proposed rule change from November 2025 could become a final rule in 2026 and would allow officers to deny visas based on an applicant’s expected reliance on social benefits for medical and housing costs. This includes expanded discretion to deny lower-income applicants or those with chronic conditions like diabetes, heart disease, or cancer if they are deemed likely to require government medical assistance.
Length of stay for international students
A DHS proposal seeks to end “duration of status” for international students, replacing it with fixed visa end dates to ensure tighter monitoring of academic progress.
Employment-based Green Card reform
We expect a proposed rule in early 2026 to codify existing guidance on the employment-based Green Card system. These changes could clarify what counts as accepted evidence of eligibility, but the extent of the changes isn’t yet known.
World Cup readiness
USCIS is planning expedited appointment procedures for 2026 to handle the influx of travelers and workers required for the FIFA World Cup.
Expanded biometrics
A proposal is pending to expand biometric collection (including voiceprints and DNA) for a wider range of immigration benefits. I expect this one to include data collection for groups that were previously exempt, such as children. The proposal also calls for U.S. citizens and employers sponsoring a foreign national to submit biometrics such as fingerprints or photos.
In 2025, we’ve seen the review process expand to become more complex and comprehensive. An experienced immigration attorney can help applicants navigate all these new policies and procedures.
Support for your journey
In times like these, I always remind my clients that while heightened scrutiny and policy changes can feel overwhelming, new rules create clearer expectations. When standards are better defined, applicants are in a better position to understand what adjudicators are looking for, and how to build a case that meets those standards head-on.
That’s why at Manifest, we’re obsessed with closely monitoring policy shifts and adjudication trends. Whether you’re pursuing an O-1 visa, an EB-1A, or something else, we’re here to provide the insights and guidance you need to build a case that’s well-positioned for today’s immigration climate.
To get support on your case, request a consultation with our experienced immigration attorneys today.
Sincerely,
Ana Gabriela Urizar
