We will examine several major developments shaping U.S. immigration policy in 2026. These include the Department of Homeland Security’s shift to a weighted H-1B cap selection process, ICE’s plans to expand immigration detention capacity, an indefinite pause on immigrant visa processing for certain countries, and renewed scrutiny of federal immigration enforcement practices.
Below is a breakdown of what these changes mean for employers, foreign nationals, and communities nationwide.
DHS Finalizes Weighted H-1B Cap Selection Process
The Department of Homeland Security has finalized a significant change to the H-1B cap selection process. Beginning February 27, 2026, for the FY 2027 H-1B cap registration season, the traditional random lottery system will be replaced with a weighted selection framework for cap-subject petitions.
How the New Weighted H-1B System Works
Under the new rule, selection priority will be based on Department of Labor wage levels:
- Level IV wage positions will receive four chances of selection
- Level III positions will receive three chances
- Level II positions will receive two chances
- Level I positions will receive one chance
While DHS has confirmed that weighting will correspond to wage levels, specific salary thresholds have not yet been clarified.
DHS has stated that the goal of the rule is to prioritize higher-skilled and higher-paid foreign workers in order to protect U.S. wages and working conditions. The agency cited concerns that some employers have used the existing lottery system to sponsor foreign workers at lower wage levels.
Despite receiving more than 17,000 public comments opposing the proposal, DHS published the final rule without modification.
Impact on International Students and Employers
Approximately 90 percent of H-1B applicants are international students who typically qualify at Level I or Level II wage levels due to limited work experience.
The new rule places greater emphasis on salary and experience rather than educational qualifications. Employers who rely on recent graduates, including those with advanced degrees in STEM fields, have expressed concern that the new system may reduce access to early-career talent.
ICE Plans to Expand Immigration Detention Capacity
According to reporting by The Washington Post, internal ICE documents reveal plans to significantly expand immigration detention capacity.
Proposed Detention Expansion
ICE is reportedly seeking to increase capacity to hold up to 80,000 individuals through the use of warehouse-style detention facilities across the United States.
Proposed facilities include:
- Large warehouse sites designed to hold between 5,000 and 10,000 individuals
- Smaller facilities housing approximately 1,500 detainees each
ICE is currently soliciting contractors, and some contracts have already been awarded, including one to the Prairie Band Potawatomi Nation in Kansas.
Conditions and Infrastructure Concerns
Internal documents reportedly acknowledge that many targeted buildings were not originally designed for human habitation and may lack adequate ventilation, plumbing, and other infrastructure. However, the facilities are expected to comply with local building codes.
The proposed expansion represents a significant increase in detention infrastructure and has raised concerns among immigration advocates regarding living conditions and oversight.
Department of State Pauses Immigrant Visa Processing for 75 Countries
On January 14, 2026, the Department of State announced via X that immigrant visa processing at U.S. embassies and consulates would be indefinitely paused for 75 countries, effective January 21, 2026.
The stated purpose of the pause is to ensure that new immigrants will not rely on public assistance programs.
Impact of the Immigrant Visa Pause
The pause affects foreign nationals living abroad who are seeking to immigrate permanently to the United States. It follows a broader series of immigration restrictions implemented by the administration.
Although the official list has not been formally published, sources indicate that the following countries are affected:
Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d'Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iraq, Iran, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Liberia, Libya, Macedonia, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, the Palestinian Authority, Pakistan, Republic of the Congo, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.
Further clarification from the Department of State is expected regarding implementation and scope.
Federal Immigration Enforcement Under Scrutiny
Recent shooting incidents in Minneapolis, Minnesota, and Portland, Oregon, have brought renewed national attention to federal immigration enforcement practices.
Minneapolis Incident
On January 7, an ICE officer fatally shot 37-year-old Minneapolis resident Renee Nicole Good during an enforcement action in south Minneapolis.
Federal officials have stated that the use of force was in self-defense, asserting that Good’s vehicle posed a threat. However, bystander video and statements from local authorities have raised questions regarding the circumstances of the incident.
State and local leaders have criticized the investigation process, alleging limited access to evidence and exclusion of Minnesota investigators.
Portland Incident
On January 8, Customs and Border Protection agents in Portland shot and injured two individuals during a separate enforcement stop.
Local officials have called for independent investigations into the incident, citing concerns about the escalation of force and accountability.
The back-to-back events have intensified public debate over Department of Homeland Security enforcement practices, oversight mechanisms, and use-of-force protocols.
Conclusion: Ongoing Changes Across the Immigration System
From the implementation of a weighted H-1B cap selection system to expanded detention plans, an immigrant visa processing pause, and increased scrutiny of enforcement operations, U.S. immigration policy continues to undergo significant transformation.
Employers, foreign nationals, families abroad, and local communities may all feel the effects of these developments.
If you have questions about how these policy changes may affect you or your organization, contact our office for guidance tailored to your situation. To read more about what I’ve written about today and more, you can subscribe to my bi-weekly LinkedIn newsletter, Immigration Watch.
Rebecca R. Cohen
Rebecca R. Cohen is a trusted immigration attorney who represents individuals, families, and employers in complex family- and employment-based immigration matters with a combination of strong advocacy and practical guidance. Known for her deep knowledge of visas, green cards, citizenship, and dual citizenship issues, she helps clients understand their options and develop effective strategies to achieve their goals. With a collaborative, solution-focused approach and certified mediation training, Rebecca provides clear communication, attentive support, and thoughtful preparation throughout the immigration process.
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rcohen@bhlawpllc.com | 315-701-6347