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US immigration rules for 2026: New visa bans, tougher H-1B and higher costs

US immigration rules for 2026: From January visa suspensions to a reworked H-1B lottery, 2026 brings tighter US immigration rules for travellers, students and workers

US visa, US immigration, green card

US Visa rules for 2026. Photo: Shutterstock

Surbhi Gloria Singh New Delhi

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The year 2026 looks set to be more restrictive for people planning to visit the United States, take up jobs, study, or reunite with family members waiting in long green card queues. The Trump administration is continuing its crackdown on both legal and illegal immigration, with several rule changes landing across the calendar.
 
Here is how the year is expected to unfold for immigration and visa applicants:
 

January 1 brings a new travel-ban style framework

 
The first shift arrives at 12:01 a.m. Eastern time on January 1, 2026, when the US Department of State begins implementing Presidential Proclamation 10998, signed on December 16, 2025. The State Department says it will fully or partially suspend visa issuance for certain foreign nationals under the order.
 
 
A full suspension means no immigrant or nonimmigrant visas are issued for nationals of the listed countries, subject to limited exceptions. A partial suspension pauses specific nonimmigrant categories alongside immigrant visas, again with limited carve-outs.
 
For travellers and families, one detail carries particular weight. State Department guidance says the proclamation generally applies to foreign nationals who are outside the United States on the effective date and do not hold a valid visa at that time.
 
The Department lists 19 countries where visa issuance is fully suspended across immigrant and nonimmigrant categories: Afghanistan, Burma, Burkina Faso, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria and Yemen. The order also covers individuals travelling on travel documents issued or endorsed by the Palestinian Authority.
 
Another 19 countries are named for partial suspension. These cover B-1 and B-2 visitor visas, F, M and J student and exchange visas, and all immigrant visas, with limited exceptions: Angola, Antigua and Barbuda, Benin, Burundi, Cote D’Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Venezuela, Zambia and Zimbabwe.
 
For people from affected countries, the effect is direct. This is not simply about extra checks. For entire visa categories, issuance can stop unless an exception applies. 
 

January 1 also changes what some people pay, and what gets rejected

 
January 1, 2026 also marks a fee cut-off. The US government has published inflation adjustments tied to HR-1 fee provisions for financial year 2026, with notices saying the revised amounts apply on or after January 1, 2026.
 
USCIS has separately warned that certain immigration-related fees will rise with an FY 2026 inflation increase. The agency has made its filing rule clear: If a benefit request is postmarked on or after January 1, 2026 without the correct fee, it can be rejected.
 
For applicants and employers filing close to year-end, the phrase “postmarked on or after” matters. A courier delay, holiday backlog or last-minute correction can push an application onto the wrong side of January 1. 
 

February 27, 2026: H-1B selection rules change ahead of the March season

 
Another key date is February 27, 2026. USCIS says a final rule will change how cap-subject H-1B visas are awarded, replacing the random selection method with a model that gives greater weight to higher-skill, higher-wage roles. The agency says the rule will be in place for the FY 2027 H-1B registration season and takes effect on February 27, 2026.
 
The timing matters. The H-1B calendar is built around the next financial year, and a rule taking effect in late February arrives just before employers begin registrations for the next cap cycle.
 

March 2026: The H-1B registration window opens under new mechanics

 
USCIS sets out a familiar sequence for the H-1B cap: electronic registration first, followed by petitions for those selected. While the agency usually confirms exact opening and closing dates closer to the window, registrations take place in March for the following financial year.
 
USCIS provides a reference point by showing how the previous season ran. For FY 2026, records show the registration window ran from March 7 to March 24, 2025. Employers often work backwards from those timelines when planning hiring and start dates.
 
In 2026, the difference is that the March registration will operate under the February 27 rule, not the earlier random selection system.
 

Through 2026: Visa interviews remain harder to waive

 
Even where no new start date appears in 2026, a policy change from late 2025 continues to shape how people experience the system. A State Department update dated September 18, 2025 says that from October 1, 2025 most nonimmigrant visa applicants generally require an in-person interview, including applicants under 14 and over 79, with limited exceptions.
 
That carries through 2026. More people needing interviews means more pressure on appointment slots, which can affect timelines for students trying to reach campus, workers facing start dates and families travelling for personal events.
 

A cost that runs through the year: The $100,000 H-1B payment for new petitions

 
Some of the most consequential planning for 2026 involves rules that took effect earlier and remain in force. USCIS’s H-1B guidance includes the $100,000 requirement for new H-1B petitions submitted after 12:01 a.m. Eastern daylight time on September 21, 2025, subject to the scope and carve-outs set out in the rules.
 
This matters in 2026 because FY 2027 cap petitions are filed after the March registration and selection stages. Even where employers can absorb the cost, it affects decisions around who is registered, who is sponsored and how roles and wage levels are structured.
 

What this means for Indians heading to the US in 2026

 
India does not appear on the State Department’s December 2025 list for full or partial suspensions under Proclamation 10998, so January 1, 2026 does not create an India-wide bar. Even so, Indian travellers can still be affected through dual nationality, family travel plans or workplaces that move staff across different passport profiles.
 
For Indian students and workers, two issues dominate 2026: How quickly interview appointments can be secured as waivers remain limited, and how the H-1B season plays out when selection rules change just weeks before registrations open.

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First Published: Dec 31 2025 | 4:04 PM IST

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