Developments in the Immigration: February 2026 Newsletter
Index
- FY 2027 H-1B Cap Registration Opens March 4, 2026
- USCIS Premium Processing Fee Increase - Effective on March 1, 2026
- Visa Bond Requirement Expanded to Cover 38 Countries
- Immigrant Visa Issuance Paused for Nationals of 75 Countries
- Social Security Number Request Option Removed from EAD Applications
- Delayed Citizenship Decision After Your N-400 Interview: 1447(b) Lawsuit Option
The first month of 2026 is centered on important dates and new applications that directly impact U.S. visa and Green Card applications. Registration for the FY 2027 H-1B cap opens on March 4. Meanwhile, the increase in the premium processing fee takes effect on March 1, 2026. These changes may require employers and applicants to re-plan their file strategy, budget, and timing.
Two significant developments will affect consular processes: the visa bond requirement will expand to cover 38 countries, and immigrant visa processing will suspend for citizens of 75 countries.
ICE detentions remain on the enforcement agenda. We explain how federal habeas corpus petitions can be used in specific detention scenarios, who can file these petitions, and which documents are critical.
Read our February Immigration Bulletin to learn how these changes, including the removal of the SSN request option in EAD applications, may affect your immigration processes in the coming months and the practical steps you should take.
FY 2027 H-1B Cap Registration Opens March 4, 2026
U.S. Citizenship and Immigration Services (USCIS) announced that the first electronic registration period for the fiscal year (FY) 2027 H-1B cap will begin on March 4, 2026, and end on March 19, 2026. During this period, employers or their representatives filing cap-subject petitions must create a registration for each applicant through their USCIS online account and pay the $215 registration fee.
Employers without an online account must create an organizational account. Representatives can add companies to their accounts, but they cannot enter candidate information or submit registrations before March 4.
Selections will be made after the registration period closes. USCIS states that it aims to send selection notifications through online accounts by March 31, 2026. Cap-subject H-1B petitions cannot be filed for unselected registrations.
The weighted selection rule published by the U.S. Department of Homeland Security will take effect on February 27, 2026 and may affect the selection method when the cap is exceeded.
Important: As stated in the Presidential Proclamation dated September 19, 2025, an additional $100,000 payment requirement will apply to applicants outside the U.S. who apply through a consulate.
Related Reading:
USCIS Premium Processing Fee Increase - Effective on March 1, 2026
Under a final rule published by Department of Homeland Security, premium processing fees (Form I-907) are increasing due to an inflation adjustment. The updated fees apply to Form I-907 requests postmarked on or after March 1, 2026. Please review the table for fee details:
| Form | Classification | Previous Fee | New Fee |
|---|---|---|---|
| Form I-129 (Petition for a Nonimmigrant Worker) | H-2B or R-1 status | $1,685 | $1,780 |
| Form I-129 (Petition for a Nonimmigrant Worker) | All other I-129 classifications: E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, TN-1, TN-2 | $2,805 | $2,965 |
| Form I-140 (Immigrant Petition for Alien Worker) | Employment-based classifications: E11, E12, E13, E21 (NIW and non-NIW), E31, E32, EW3 | $2,805 | $2,965 |
| Form I-539 (Application to Extend/Change Nonimmigrant Status) | For the following statuses: F-1, F-2, J-1, J-2, M-1, M-2 | $1,965 | $2,075 |
| Form I-765 (Application for Employment Authorization) | Certain eligible filings (OPT and STEM OPT): employment authorization application | $1,685 | $1,780 |
Visa Bond Requirement Expanded to Cover 38 Countries
U.S. Department of State announced that certain nationals applying for a B-1/B-2 (visitor) visa may be required to post a $5,000 / $10,000 / $15,000 “visa bond,” and that the country list has been updated. If a consular officer determines a bond is required, applicants will be directed after the interview to pay the bond through Pay.gov. The Department also notes that posting a bond does not guarantee visa issuance.
Official Source: View the list of 38 countries and the rules
Immigrant Visa Issuance Paused for Nationals of 75 Countries
U.S. Department of State stated that, effective January 21, 2026, it has paused immigrant visa issuance for nationals of 75 designated countries. However, affected applicants may still be able to submit applications and attend interviews, and the Department says it continues to schedule interviews.
The official notice also includes exceptions. For example, dual nationals applying with a valid passport from a country not on the list are exempt from the pause. The announcement clarifies that this policy does not apply to tourist visas and affects immigrant visas only.
Official Source: View the list of 75 countries and the FAQ
Social Security Number Request Option Removed from EAD Applications
USCIS issued an update for Form I-765 (EAD) on January 5, 2026, and announced that starting March 5, 2026, only the new edition of the form will be accepted. With this update, requesting an SSN through the EAD application is no longer available (the integrated SSN section has been removed).
As a result, when an EAD is approved, an SSN card may no longer be issued automatically. If you need an SSN, you will need to apply separately through the Social Security Administration.
For first-time SSN applicants, the application is typically filed using Form SS-5, and for first-time applicants age 12 and older, SSA generally requires an in-person application. SSA also states that after approval, the card is typically mailed within about 14 days (verification delays may extend this timeline).
Official Source: USCIS Form I-765 update
Habeas Corpus Option After Withholding of Removal and Prolonged Detention
If you or a loved one has received withholding of removal (a decision that prevents removal to a specific country), there has been no appeal, and six months have passed since the decision but the person is still being held in immigration detention, a federal habeas corpus petition may be a legal option worth considering.
If you believe a family member is at risk of prolonged detention, preparing early can make a difference. In many cases, having key case documents organized and ready can help counsel assess eligibility quickly and, if appropriate, file without delay.
Visit our Habeas Corpus page to learn who may qualify and how the process works. If you think you or a loved one may be in a high-risk situation, you can contact us through our short form.
Delayed Citizenship Decision After Your N-400 Interview: 1447(b) Lawsuit Option
If more than 120 days have passed since your N-400 (citizenship) interview and USCIS still has not issued a decision, you may be able to file a 1447(b) lawsuit in federal court. This can be a practical option when a case remains stuck after the interview stage and the delay keeps growing.
Read our full breakdown: When mandamus vs. 1447(b) may apply
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