Major U.S. Immigration Policy Shifts Take Effect in 2026

The start of 2026 brings sweeping changes to the U.S. immigration system, signaling a new era of tighter controls, expanded surveillance, and higher financial thresholds for foreign nationals. Federal agencies have rolled out multiple policy updates that affect workers, tourists, permanent residents, and aspiring U.S. citizens, marking one of the most comprehensive immigration overhauls in recent years.

Officials say the measures are intended to strengthen national security, protect domestic labor markets, and modernize immigration enforcement through technology.

H-1B Program Restructured With Wage Based Selection

Beginning in February 2026, the H-1B visa program will no longer rely on a random lottery to select applicants. Instead, U.S. Citizenship and Immigration Services will prioritize petitions based on offered wages, favoring higher paying and highly specialized roles.

The restructuring is paired with a newly imposed $100,000 filing fee per petition, introduced through executive action. Administration officials argue the changes discourage abuse of the program and reduce incentives for employers to replace U.S. workers with lower cost foreign labor. Employers across technology, healthcare, and engineering sectors are now reassessing hiring plans as a result.

Social Media Disclosures Added for Visa Waiver Travelers

The Department of Homeland Security has expanded its pre travel screening process for tourists entering under the Visa Waiver Program. Applicants using the ESTA system are now required to disclose five years of social media history before receiving authorization to travel.

The policy applies to nationals of visa waiver countries and is part of a broader effort to conduct background checks earlier in the travel process. DHS has not released details on how social media data will be evaluated, but officials emphasize its role in identifying security and fraud related concerns.

Facial Recognition Expanded to All Non U.S. Citizens

Federal authorities have also broadened the use of facial recognition technology at U.S. ports of entry and exit. As of late December, Customs and Border Protection is authorized to collect facial biometric information from all non U.S. citizens, including lawful permanent residents.

The expansion covers airports, land crossings, seaports, and other designated exit locations. Government officials say the program improves identity verification and overstay tracking, while privacy advocates continue to raise concerns about data storage and long term use.

Citizenship Testing Standards Raised Nationwide

The naturalization process has become more rigorous under new testing standards that took effect January 1. Applicants must now answer 20 oral civics questions selected from an expanded pool of 128.

To pass, individuals must provide at least 12 correct responses. USCIS officials say the updated test is designed to ensure applicants demonstrate a stronger grasp of U.S. history, government structure, and civic responsibilities. Immigration attorneys report an increase in preparation time needed for applicants under the new format.

The Trump Gold Card Introduces a $1 Million Fast Track to Residency

A new immigration pathway aimed at high net worth individuals has also been launched. Known as the Trump Gold Card, the program allows foreign nationals to obtain expedited permanent residence in exchange for a $1 million payment.

Participants are granted lawful permanent resident status through existing employment based categories, with eligibility to live and work anywhere in the United States and pursue citizenship in the future. The administration estimates the program could generate significant revenue for federal projects, though critics argue it favors wealth over merit.

A Clear Policy Shift Heading Into 2026

Taken together, the 2026 changes reflect a broader policy direction emphasizing stricter screening, increased reliance on biometric and digital tools, and elevated financial barriers. At the same time, new options for affluent applicants highlight a growing divide within the immigration system.

As agencies continue to implement these measures, immigrants, employers, and travelers are being urged to stay informed and seek guidance as policies evolve.

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The content provided on this blog is for informational purposes only and does not constitute legal advice. Readers should not act upon any information presented on this blog without seeking professional legal counsel. The opinions expressed at or through this blog are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please consult with an attorney regarding your specific legal situation.

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