Skip to Main Content

US Immigration in 2026: Big Questions from Immigrants


Immigrants around the world are anxiously watching the horizon as the United States prepares for sweeping immigration policy changes in 2026. From increased deportation enforcement and tightened asylum eligibility to major shifts in work visa programs and green card backlogs, the U.S. immigration landscape is evolving rapidly. This comprehensive guide answers the most pressing questions global migrants are Googling.

How many immigrants do we expect to deport or have self-deport in 2026?

About two million immigrants may face deportation or choose to self-deport. This is due to increasing frustration with long wait times for immigration benefits and limited legal pathways.


Will Congress pass an amnesty bill in 2026?

No. There are currently no expectations for an amnesty bill to pass in Congress in 2026. Legislative action on immigration reform remains stalled.


Will immigration agencies hire more staff in 2026?

Yes. There will be an increase in staffing across immigration agencies, including more ICE agents, USCIS officers, and immigration judges under the Executive Office for Immigration Review (EOIR).


Will ICE raids expand across the U.S.?

Yes. We expect ICE operations will become more frequent and widespread, with a greater presence in both large cities and rural communities.


How are sanctuary cities responding to increased deportation efforts?

Sanctuary cities may file federal lawsuits challenging the government’s authority. They are defending their local autonomy against expanded deportation policies.


Will there be more protests against deportation policies?

Absolutely. Anti-deportation protests will continue across the country, particularly in immigrant-heavy urban centers and college towns.


What is the outlook for Ukrainians in the U.S. under TPS?

Thousands of Ukrainians might leave the U.S. for Europe due to uncertainty over Temporary Protected Status (TPS) renewals.


Will USCIS permit the submission of all immigration forms online?

While currently limited, there is hope that USCIS will enable the full digitization of immigration forms and supporting evidence. However, this would require significant software development and policy changes.


Will USCIS processing times improve for US immigration in 2026?

Yes, processing times for cases like naturalization, green cards, and work permits may improve slightly in 2026 for US immigration. However, family unification cases will continue to face long backlogs, and the administration has shown little interest in accelerating legal immigration processes.


Will USCIS deny more applications without RFEs?

Yes. USCIS officers no longer have to send Requests for Evidence (RFEs). This makes it more likely for cases to be denied outright when documents are missing or unclear.


Will illegal border crossings decline?

Yes, stricter enforcement and enhanced border security measures will further reduce illegal border crossings.


Will asylum seekers regain the right to request protection at the U.S.–Mexico border?

No, the current administration will not reinstate the right to request asylum at the U.S.–Mexico border.


How will the new H-1B visa rule affect businesses?

The introduction of a $100,000 H-1B filing fee will price small and mid-sized businesses out of the visa system, effectively reserving it for large tech companies like Google, Amazon, Meta, and NVIDIA.


Is there a change to work visa programs for US immigration in 2026?

Yes. Work visa programs such as H-1B and F-1 OPT will face stricter eligibility rules. In 2026, US immigration may consist of significantly higher application fees, impacting students and skilled workers.


How will deportation enforcement change?

Deportation enforcement will become much more aggressive, with expanded detention capacity, increased funding, and fewer procedural safeguards.


What is expedited removal? How will it change?

Expedited removal will become more common, allowing the government to quickly deport individuals without court hearings, often within days, severely limiting due process.


Why are authorities dismissing more immigration cases?

Courts dismiss more cases due to incomplete or incorrect filings, especially among applicants who cannot afford legal representation. After dismissal, ICE detains and deports many individuals.


Will federal lawsuits impact immigration policy changes?

Yes. Expect a surge in federal lawsuits challenging high-impact changes such as the potential end of birthright citizenship. These lawsuits may delay or block implementation of new rules.


What will happen to refugee admissions in 2026?

Refugee and humanitarian admissions may drop significantly. With the refugee cap possibly going as low as 7,500 — the lowest in modern U.S. history.


Will bond hearings still be available for detainees?

Lawmakers may further restrict or eliminate bond hearings for many categories of detainees. This change will make it much more difficult for individuals to secure release during legal proceedings.


Are ICE arrests happening at courthouses?

Yes. ICE arrests near or inside courthouses are increasing, which has a chilling effect on immigrants’ willingness to appear for legal matters or defend themselves in court.


Will more military officers become immigration judges?

Yes. Military officials are appointing officers as immigration judges to address staffing shortages.Their rulings tend to be faster and more severe, with fewer approvals overall.


Are there new quotas for immigration judges?

Yes. Immigration officials are imposing stricter deadlines and performance quotas on immigration judges. This may lead to rushed decisions and reduce the quality of legal reviews.


What is the “Trump Gold Green Card” and “Platinum Card”?

The administration is launching a new investment-based residency program:

  • The “Trump Gold Green Card” grants residency for a $1 million “gift” to the U.S. government.
  • The “Platinum Card” offers residency without a U.S. tax obligation for a $5 million “gift.”

These programs target attracting ultra-wealthy immigrants.


Will asylum applicants have to pay an annual renewal fee?

Yes. The 2026 US immigration process may introduce a new annual renewal fee for asylum applications. Failure to pay this fee could result in automatic case dismissal. Many applicants may find it difficult to navigate the payment process, increasing the risk of losing their eligibility due to administrative issues.


How is the Board of Immigration Appeals changing asylum protections?

The Board of Immigration Appeals (BIA) may narrow interpretations of the five legally protected asylum categories. This especially affects claims under the “particular social group” category, where stricter evidence and narrower definitions are making approvals more difficult.


Is access to asylum in the U.S. getting more restrictive?

Yes. Access to asylum is tightening with stricter admissibility rules and the expansion of “safe third country” agreements. These policies require asylum seekers to seek protection in another country before applying in the U.S., limiting direct access to the American asylum system.


Will more asylum claims be expedited or denied without complete hearings?

Yes. The government is increasingly using fast-track procedures to process and deny 2026 asylum claims for US immigration. There are limited or no court hearings. This means many applicants are at risk of removal without the opportunity to fully present their case before a judge.


Will the US government reinstate the “Remain in Mexico” policy?

It’s likely. The administration may reinstate or expand the “Remain in Mexico” program. This would require asylum seekers to wait outside the U.S. while their claims process. Similar programs may also come to be, increasing barriers to physical entry and legal protections.


Will EB-1 green card applications become harder to get?

Yes. EB-1 petitions — which include extraordinary ability individuals, outstanding researchers, and multinational executives — will face stricter criteria. Applicants can expect tougher evidentiary standards, more frequent audits, and higher thresholds for approval, resulting in a notable drop in acceptance rates.


What changes can we expect for EB-2 and National Interest Waiver (NIW) petitions?

EB-2 and NIW applications will face reduced flexibility. USCIS is likely to tighten the definition of “exceptional ability” and emphasize alignment with U.S. national interests. This shift means petitions unrelated to high-priority sectors may struggle to succeed.


Will the U.S. immigration system favor certain professions under the merit-based approach?

Yes. The administration is moving toward a more merit-based immigration system. It will favor professionals in high-demand areas such as science, technology, engineering, math (STEM), energy, and national infrastructure. Applicants in these sectors will have a competitive edge.


Are priority date backlogs for EB-2 India and China expected to improve?

Unfortunately, no. Priority date backlogs for countries like India and China under the EB-2 category might worsen. The Visa Bulletin will likely show further retrogressions and minimal forward movement, delaying green card availability for years.


Can we expect a restructuring of the NIW and exceptional ability categories?

Yes. The government may restructure these categories to close perceived loopholes. This could involve new definitions or eligibility limits that reduce the number of people qualifying under existing standards.


Will there be a new fast-track green card option for STEM professionals?

It’s highly likely. A separate fast-track green card category may come to be, specifically for STEM professionals. This pathway would prioritize skilled workers in science and tech, offering quicker approvals than general employment-based categories.

🔍 What This Means for Immigrants in 2026

The year ahead is shaping up to be one of the most consequential for immigrants in recent memory. With a clear shift toward enforcement, merit-based preferences, and digital processing, many will find the path to lawful residence narrower and more competitive. Applicants in STEM, infrastructure, and other national priority sectors may benefit from fast-track programs. Others could face delays, denials, or deportation due to stricter filings and faster adjudications. As the policies continue to change, staying informed and consulting experienced immigration professionals will be more critical than ever.

📬 Contact Shepelsky Law Group

Worried about the uncertainty around US immigration for the year ahead (2026)? We can help. At Shepelsky Law Group, we specialize in complex U.S. immigration cases — from deportation defense and asylum to work visas, green cards, and federal litigation.

Contact Us Today:
📞 Phone: (718) 769-6352
📧 Email: info@shepelskylaw.com
🌐 Website: www.shepelskylaw.com
📍 Offices in New York and Nationwide via Zoom

Follow us on social media for live updates and expert immigration tips:
🔹 YouTube | Instagram | Facebook | TikTok