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One Year of the Second Trump Administration: U.S. Immigration Policy Review — Fall 2026

Overview

Approximately one year has passed since the second Trump administration took office in January 2025. Compared with the first term (2017–2020), U.S. immigration enforcement, adjudication practices, and administrative procedures are being tightened in a more organized and systemic manner, drawing on institutional memory from the first term.

Heightened Scrutiny of Employment Visas (H-1B · L-1 · O-1 · EB-1C)

Request for Evidence (RFE) issuance rates are rising again across employment-based categories. L-1A managers and EB-1C multinational executives face more granular review of “substantive managerial control.” H-1B specialty-occupation determinations are once again being closely examined on position complexity and degree-field relevance.

In response, Song Law Firm prepares every employment-visa package with (1) deeply detailed job descriptions, (2) explicit organizational charts and reporting lines, and (3) layered documentary support for wage, performance, and employment history.

Expansion of Green Card Interviews

Adjustment of Status (AOS) interview requirements have expanded. All EB-1, EB-2, and EB-3 applicants should prepare for the possibility of being summoned. Family-based F2A, F2B, F3, and F4 petitioners are also receiving interview notices more frequently than in prior years.

Visa Bulletin Trends

In early 2026, EB-2 and EB-3 (worldwide excluding China and India) briefly approached current, but retrogression signals have appeared in the second half. EB-1 remains current for most countries while China and India continue to see date-based cutoffs. Family preferences (F1, F2A, F2B, F3, F4) have moved forward slowly but steadily. Monthly Visa Bulletin review is essential.

Interior Enforcement Developments

As portions of internal enforcement guidelines from ICE and CBP have become public, worksite enforcement, public-space checks, and driver-license eligibility disputes have increased. Those with precarious status are strongly advised to seek early counsel on status maintenance or safer adjustment pathways.

How Song Law Firm Responds

Our immigration team is actively updating the enforcement-era playbook developed during 2017–2020 for the current 2026 environment. From pre-filing consultation through enforcement, interviews, and RFE response, every stage requires a careful risk assessment and a tailored response plan. We welcome inquiries, including brief status-check consultations.

SONG LAW FIRM

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Disclaimer · This column provides general information on New Jersey and New York law and is not legal advice on any specific matter. Statutes, regulations, and case law change over time. Under NJ Rules of Professional Conduct 7.1, publication of this article does not create an attorney–client relationship and does not guarantee any outcome. Please consult a qualified attorney directly regarding your specific case.
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