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What changed in U.S. immigration in 2026? A chronicle for people filing a talent visa or a green card

In 2026 the rules changed more often than in the previous five years combined: the H-1B payment, consular pauses, the EB-2 rollback, a new public charge policy, a closed lottery. Half the “news” in chat threads is outdated or mixed up. Here are only confirmed changes, by date, each with one answer: what it means for people filing EB-1A, NIW, or O-1. Updated the day something changes; current as of 30 September 2026.

Sergei Voronin · published September 30, 2026 · Updated: September 30, 2026 · 8 min read

A stack of newspapers on the edge of a wooden desk by a window, morning light

A client came in September with a folder of printouts from chat threads: “H-1B is closed,” “Russians are not getting visas,” “the lottery was cancelled,” “a green card now takes years.” Of the four claims, one was entirely true, two were half true, and one was about a different category. That is a normal result of a year in which the rules changed every few weeks. Below is a chronicle of confirmed changes by date, and after each one a short answer on whether it affects you if you are filing EB-1A, NIW, or O-1. The page is living: the updated date is in the header.

In short

  • For EB-1A, nothing material changed: the category is Current, there is no queue, and premium processing is 15 business days.
  • For EB-2 and NIW there is a queue from October 2026: decisions are for priority dates earlier than 1 January 2025.
  • For Russian nationals, access did not change — the route did: Warsaw for immigrant visas, Astana and Warsaw for the rest. The pauses covered interviews, not petitions.
  • The lottery is not running. H-1B from abroad is closed by the payment. The new public charge policy has applied since 18 September.

The 2026 chronicle

Date What changed Who it affects
January 2025 (in force) USCIS clarified NIW adjudication: separate rules for entrepreneurs, and a requirement that the degree connect to the project NIW
From 6 September 2025 Consulates for Russian nationals without residence in a third country: Astana and Warsaw; immigrant visas in Warsaw Anyone going through a consulate
From 21 September 2025 A $100,000 payment on new H-1B petitions for workers outside the United States; the proclamation now runs through 21 September 2027 Employer-sponsored work visas
January–August 2026 A pause on issuing immigrant visas to nationals of 75 countries, including Russia The consular stage of EB-1A, NIW, and family cases
From April 2026 A $1 fee and a passport scan for a Diversity Visa entry — for future drawings The lottery
Spring 2026 The premium processing fee is $2,965 Anyone speeding up a petition
June 2026 A court blocked collection of the $100,000 H-1B payment; the dispute continues Employer-sponsored work visas
25 August 2026 A global pause on immigrant-visa interviews; by mid-September interviews had resumed in Warsaw and at several other consulates The consular stage
10 September 2026 A DHS proposed rule to end the 60-day grace period after employment ends for work visas, including O-1 — a proposal, not a rule O-1, H-1B
14 September 2026 A proposed OPT fee cleared White House review; a court blocked the rule that would have fixed students’ duration of status F-1 students
16 September 2026 Court orders delayed the new editions of Forms I-485, I-765, and I-539 — the old editions are accepted Anyone filing inside the United States
18 September 2026 A new public charge policy for applications filed inside the United States I-485
18 September 2026 The proclamation on the H-1B payment was extended through 21 September 2027 Work visas
24 September 2026 An order adding extra scrutiny of H-1B employers after recent layoffs Work visas
30 September 2026 The DV-2026 lottery year closes; DV-2027 registration never opened The lottery
1 October 2026 The October Visa Bulletin (published 29 September): EB-1 is Current; EB-2 for the “rest of the world” retrogressed — Final Action Dates at 1 January 2025, Dates for Filing at 15 March 2026 NIW, EB-2

The table is for a quick check. Below is what each change means in practice, by category.

What does it mean for EB-1A?

This category saw the fewest changes — and gained the most reasons to choose it. The criteria, the second-step analysis, and premium processing in 15 business days are unchanged. For Russia there is no queue, and the October retrogression in EB-2 made the gap between the categories wider: an approved EB-1A moves to status at once, an approved NIW moves by the dates. What changed around it: fees went up, the consular stage became unpredictable in timing, and for people filing inside the United States a new public charge policy has applied since 18 September — an I-485 should show income, insurance, and the absence of benefits in advance. Forms I-485 and I-765 are accepted in the old editions; the new ones were postponed by the courts. The category is covered in “What is the EB-1 visa, and how does EB-1A differ from EB-1B and EB-1C?”.

What does it mean for EB-2 NIW?

Two changes, and both matter. The first is January 2025: USCIS described how it adjudicates entrepreneurs and began checking that the degree connects to the project. A master’s degree in economics paired with a biotech project will draw a question. The second is October 2026: the queue. Decisions in EB-2 for the “rest of the world” are only for priority dates earlier than 1 January 2025. An I-485 inside the United States can be filed in October with a priority date earlier than 15 March 2026. The practical point: the priority date is fixed on the day the I-140 is filed, so delaying the petition because of the queue is a mistake. Profiles on the line between the categories should consider filing EB-1A in parallel. The choice is covered in “EB-1A or EB-2 NIW: which to choose in 2026, and when to file both?”.

What does it mean for O-1?

The category works as before. The main change is still a proposal: DHS has proposed ending the 60-day grace period after employment ends, the window in which O-1 and H-1B holders look for a new petitioner. If the rule is adopted, losing a job would mean an immediate fall out of status — a reason to file EB-1A in the first year on O-1, not the third. The second point is unchanged and still important: with a pending I-485, leaving without advance parole means abandoning the application. The O-1 to EB-1A sequence is in “O-1 or EB-1A: which to file first, and how to connect the visa to a green card?”.

What does it mean for Russian nationals?

The route changed, not access. USCIS considers petitions with no citizenship bar — Russian nationals received approvals throughout 2026. At the consulate: Warsaw for immigrant visas, Astana and Warsaw for nonimmigrant visas. Interviews were paused twice — for 75 countries from January through August, and globally from 25 August. By mid-September interviews had resumed, but the wait for an appointment is measured in months and shifts every week. The logistics of filing from Russia — paying fees, shipping, translations — are in “How do you pay, ship, translate, and clear the consulate for an EB-1A filed from Russia in 2026?”. Every visa route for Russian nationals is in “A U.S. visa for Russian nationals in 2026: which visas are issued, where do you get one, and what is realistic?”.

What does it mean for work visas and the lottery?

H-1B from abroad is in practice closed by the $100,000 payment. The proclamation runs through September 2027, a court is blocking collection, and employers are waiting out the dispute rather than filing. The 24 September order added scrutiny of employers with recent layoffs. The lottery is not running: DV-2027 never opened, DV-2026 closed on 30 September, and there is no announcement of DV-2028. Both subjects are covered in “A U.S. work visa for Russian nationals in 2026: what exists and what is actually open?” and “Does the green-card lottery work in 2026? How do you file an entry, and what do you do if it does not?”.

How do you read immigration news without getting it wrong?

Three questions for any “news” from a chat. What is the date — half the messages retell last year. Which category — “visas are closed” almost always means one category or one consular step, not everything at once. Is it a rule or a proposal — DHS publishes proposed rules months before they take effect, and some never do. The client from the first paragraph left with one conclusion: of four alarming headlines, one applied to him, and that one was about timing, not about whether a filing was possible. Which categories are open for you today is what the quiz below checks.

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