2026 Immigration Policy Upheaval: Travel Bans & H-1B Fee Surge
Immigration got a lot harder in 2026. Beginning January 21, 2026, all immigrant visa issuance will be paused for nationals of 75 countries. Add in the proposed $100,000 H-1B fee and USCIS is currently facing a record backlog, with almost 12 million pending cases at the end of Fiscal Year 2025 — and you’ve got serious problems for families, workers, and employers. Affected by these changes? Don’t wait. Protect your rights — we handle the rest.
What These Changes Actually Mean
Major US immigration policy changes went into effect January 1, 2026, including an expanded travel ban covering 39 countries, new $100,000 H-1B visa fees, and mandatory biometric screening for green card holders. These sweeping changes represent the most significant immigration overhaul in decades.
The hits keep coming. On December 16, 2025, the administration expanded the travel bans to impact 38 total countries, effective January 1, 2026. In a January 1, 2026 memo, USCIS also expanded the benefit pause to coincide with the expanded travel ban list. Here’s what’s really going to hurt: the benefit and immigrant visa pauses are likely to result in significant adjudication delays that could impact employment-based immigration processing. That means your previously approved benefits? They’re getting reviewed all over again.
The H-1B landscape has become particularly complex. From the introduction of a potential $100,000 H-1B application fee to shifting USCIS interpretations and increased scrutiny around travel and processing, the H-1B landscape is no longer predictable. What used to be a relatively standardized process now depends heavily on timing, location, and strategy.
How This Affects Workers, Families, and Students
The impact varies dramatically depending on your immigration category and country of origin. Entrance into the United States is now “fully” restricted for nationals of 19 countries, as well as those traveling with Palestinian Authority documents, and “partially” restricted for nationals of 20 countries. The full ban completely restricts new visa applications and renewals for citizens of these countries. The partial ban offers access to only limited visa types, including H-1B and O-1.
For H-1B workers specifically, the fee applies only to H-1B beneficiaries who are outside the US and do not hold a valid H-1B visa at petition filing. F-1 students changing to H-1B status within the US are generally exempt. The fee does not apply to extensions or amendments for those already in H-1B status. However, traveling while a petition is pending may result in conversion to consular processing and additional requirements or fees. In some cases, leaving the U.S. at the wrong time could significantly delay or complicate your process.
Students and their families face particular uncertainty. This hold is expected to affect all USCIS-adjudicated immigration benefits, including but not limited to reinstatement, OPT, STEM OPT, change of status (e.g. F-1, J-1, H-1B petitions with cap-gap), and adjustment of status.
The processing delays compound these challenges. I-485 adjustment of status processing currently takes 11 to 31.5 months across employment-based categories in 2026. USCIS is managing a record backlog exceeding 5 million pending cases, with workforce reductions from 2025 continuing to worsen standard timelines across all service centres.
What You Should Do Now
Immediate Assessment: Determine your specific exposure to these policy changes. Nationals of the proclamation travel ban countries should determine whether they are subject to the new restrictions, with the help of counsel where appropriate. To the extent possible, those newly affected by the restrictions who are not subject to the current June travel ban should return to the United States prior to January 1, 2026, when the new proclamation takes effect.
Document Strategy: H-1B, TN, E-3, and O-1: Documents confirming your current immigration status (e.g., approval notice and related documentation) Keeping these documents readily available can help address questions quickly and reduce the risk of unnecessary delays or complications.
Filing Timeline Management: It is important that employers identify foreign national workers impacted by the benefit pause and ensure any necessary extension requests are filed as early as possible. H-1B extension petitions can be filed up to 180 days prior to expiration and H-1B beneficiaries receive an automatic 240-day work authorization extension.
Travel Restrictions: We strongly encourage you to avoid international travel and remain in the U.S.—even if you have a valid visa for reentry—due to anticipated difficulties at the border. While the ban technically exempts those holding a valid visa, you should expect additional scrutiny at the border if you travel and likely restrictions on entering the U.S.
Application Completeness: Make sure your application is complete. Double-check that every form is filled out correctly, all required documents are included, and you’ve signed where needed. Simple mistakes are one of the biggest reasons for delays.
Why Choose Tez Law P.C.
In this rapidly evolving immigration landscape, experienced legal counsel isn’t just helpful—it’s essential. Tez Law P.C., led by Managing Attorney JJ Zhang (California Bar #326666), provides nationwide immigration services with the deep expertise needed to navigate these complex policy changes.
Our firm understands that two applicants with nearly identical profiles can face completely different outcomes depending on how their case is handled. We provide strategic guidance tailored to your specific circumstances, whether you’re facing travel ban restrictions, H-1B fee implications, or processing delays.
We also handle comprehensive legal services beyond immigration, including personal injury attorney representation, ensuring our clients receive holistic legal support during challenging times. Our track record includes successfully navigating complex immigration cases while these policy changes have created new challenges requiring innovative legal strategies.
Frequently Asked Questions
Does the $100,000 H-1B fee apply to all H-1B petitions in 2026?
No, the fee applies only to H-1B beneficiaries who are outside the US and do not hold a valid H-1B visa at petition filing. Extensions, amendments, and change of status applications for those already in H-1B status are generally exempt. F-1 students changing status within the US typically avoid the fee, but travel during pending petitions can change this classification.
How long are USCIS processing delays expected to last in 2026?
USCIS faces a record backlog of nearly 12 million pending cases with processing times varying dramatically by form type. I-485 adjustment applications take 11-31.5 months, while some humanitarian cases face multi-year delays. The agency processes about 10 million applications annually, but new filings continue outpacing completion rates, suggesting delays will persist through 2026.
Can I still travel internationally if I’m from one of the 39 restricted countries?
Travel is strongly discouraged even if you hold a valid visa. The restrictions apply to citizens outside the US without valid visas on the effective date, but those with valid visas should expect additional scrutiny and potential entry difficulties. Traveling during pending petitions can also convert cases to consular processing, triggering additional fees and delays.
Take Action to Protect Your Immigration Future
The 2026 immigration policy changes demand immediate attention and strategic planning. Whether you’re facing travel restrictions, navigating H-1B fee implications, or dealing with processing delays, the decisions you make now will significantly impact your immigration future. Don’t leave your status to chance in this uncertain environment.
Contact Tez Law P.C. today for a free consultation to discuss how these policy changes affect your specific situation and develop a comprehensive strategy to protect your immigration goals. Our nationwide immigration practice is ready to provide the expert guidance you need during these challenging times.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact Tez Law P.C. at 626-678-8677 or [email protected] for advice specific to your situation. Results may vary.