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A mid-year 2026 briefing for German and European clients on adjustment of status, the new public charge standard, Form I-485, student status, H-1B fees, investor visas, and the September Visa Bulletin.

Last updated: September 6, 2026

The first eight months of 2026 have been among the most active periods in U.S. immigration in years. Several rules that were announced earlier in the year are now either in force or only days away from taking effect. For German entrepreneurs, families, investors, students, and companies transferring employees to the United States, the practical question is no longer “what might change?” It is “what is already in effect, and what must be decided before mid-September?”

This article summarizes the developments that matter most through early September 2026. It is a general briefing, not legal advice. Policy in this area is moving quickly, and several items below are already in court.

The theme of 2026: more discretion, fewer automatic approvals

If there is a single thread running through this year’s changes, it is this: meeting the statutory checklist is no longer enough. USCIS and consular officers are being told to treat many benefits as discretionary, to weigh the “totality of the circumstances,” and to look more closely at immigration history, public-benefit use, economic contribution, and whether the applicant could have processed a green card abroad instead of inside the United States.

That does not mean green cards have been abolished. Immediate relatives of U.S. citizens, treaty investors, intra-company transferees, and employment-based applicants with clean records still have viable paths. It does mean filings must be tighter, supporting evidence stronger, and timing more deliberate than they were even a year ago.

1. Adjustment of status is still available, but it is no longer treated as routine

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199. The memo does not repeal INA § 245. It reframes adjustment of status as a discretionary act of “administrative grace” and an “extraordinary” alternative to the ordinary immigrant-visa interview at a U.S. consulate.

After the initial announcement caused widespread confusion, DHS later clarified that there is no blanket rule forcing every applicant to leave the country. Officers decide case by case. Applicants who show a clear economic contribution or other national-interest equities, and who have complied with the terms of their status, remain in a stronger position. Dual-intent categories such as H-1B and L-1 generally fare better than visitors or students who were never expected to stay permanently.

We covered this memo in detail in June, including its effect on K-1 fiancé(e) cases. The short version for mid-September is:

You can still file Form I-485 if you are otherwise eligible.
A clean record, current status, tax compliance, employment history, and documented U.S. ties now carry more weight than they used to.
Overstays, unauthorized work, inconsistent statements to any U.S. agency, and “I am filing here only to avoid consular processing” are treated as serious negative factors.
Pending cases can be reviewed under the new discretionary framework when the file is next touched.

If your strategy was built around “file I-485 and wait,” that strategy needs a fresh review.

2. The public charge standard changes on September 18, and so does Form I-485

This is the most time-sensitive green-card development of the year.

DHS has rescinded the 2022 public-charge regulation. The rescission and new USCIS Policy Manual guidance take effect on September 18, 2026. Applications postmarked or submitted electronically on or after that date will be judged under a broader “totality of the circumstances” test: age, health, family status, assets and financial resources, education and skills, and other facts bearing on whether the applicant is likely at any time to become a public charge. Officers may consider a wider range of means-tested benefits than the 2022 rule allowed.

What does not change:

Applications properly filed before September 18 remain under the 2022 framework.
Public charge does not apply to every category. Refugees, asylees, and certain other humanitarian applicants are exempt by statute.
Use of benefits is not an automatic denial. It is one factor among several.

What does change in practice:

USCIS will publish a revised Form I-485 (edition date 09/18/26). Older editions submitted on or after September 18 will be rejected.
Filing packages will need a more complete financial picture: income, assets, sponsor affidavits, health coverage, education, and a coherent explanation of self-sufficiency.
For mixed-status families, benefits received by household members may receive more attention than they did under the 2022 rule.

Strategic note for the next two weeks: if you are otherwise ready to file an I-485 that is subject to public charge, the filing date itself is now a legal decision. Filing before September 18 preserves the older standard; filing on or after that date means the new form and the broader test. That is not a reason to file an incomplete case just to beat a deadline. It is a reason to decide promptly, with counsel.

3. A signature error can now produce a denial, not just a rejection

A quieter but important rule took effect on July 10, 2026. If USCIS later finds that a benefit request filed on or after that date lacks a valid signature, the agency may reject or deny the filing, even after it has been accepted and receipted. A denial lets USCIS keep the filing fee and treat the case as fully adjudicated. Copied-and-pasted signature images and many software-generated “e-signatures” are not treated as valid. An original wet-ink signature that is later scanned or photocopied generally is.

For German and Japanese clients who sign documents across time zones, this is a process issue, not a theory issue. Every I-129, I-140, I-485, I-539, I-765, and I-526/I-526E package should be checked for a proper original signature before it leaves the office.

4. The Visa Bulletin at the end of FY 2026

Fiscal year 2026 ends on September 30. The September Visa Bulletin is the last chart of the year.

Employment-based final action dates were largely frozen in September. For most of the world, including Germany and Japan, EB-1 and EB-2 remain current. EB-3 worldwide is at September 1, 2024. EB-5 unreserved remains current except for China and India. India EB-2 and India EB-5 unreserved are unavailable through September 30 and should reopen when FY 2027 numbers become available on October 1. The State Department has warned that EB-1 India, EB-2 generally, and EB-5 unreserved could still close before month-end if demand spikes.

Family-sponsored dates moved more generously in September, particularly in several preference categories. Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents of adult U.S. citizens) remain exempt from the annual numerical limits.

FY 2026 numerical limits were confirmed at 226,000 family-sponsored preference visas and 186,317 employment-based preference visas. A new allocation begins October 1. Applicants close to a cut-off date should not assume October will look like September.

5. The 75-country immigrant-visa pause was struck down, travel bans are a different issue

In January 2026 the State Department paused immigrant-visa issuance for nationals of 75 countries, often through INA § 221(g) refusals. On August 21, 2026, a federal judge in New York vacated that policy as “patently unlawful,” holding that it exceeded the Secretary of State’s authority and treated applicants by nationality rather than by individual review. The State Department later confirmed that the pause is no longer in effect. Refusals that rested solely on the freeze are supposed to be sent back for ordinary adjudication.

Two caveats matter:

Separate presidential travel and entry restrictions under INA § 212(f) were not wiped out by that ruling. Nationals of countries still covered by an entry ban can face a different legal barrier.
After the ruling, consular posts briefly paused immigrant-visa appointments worldwide for public-charge training. That training pause was described as temporary. Anyone with a consular case should confirm the current appointment status directly with the post or through counsel.

Germany was not among the countries typically listed in the 75-country freeze. German applicants can still be affected if a family member or employee is chargeable to another country, or if a separate entry restriction applies.

6. H-1B: wage-weighted selection is in force; the $100,000 fee is in litigation

Two H-1B changes from late 2025 continue to shape 2026 planning.

Wage-weighted selection. A final rule effective February 27, 2026 replaced the random H-1B cap lottery with a weighted system. Registrations at higher prevailing-wage levels receive more entries in the selection pool (Level IV four times, Level III three times, Level II twice, Level I once). Employers who historically registered at Level I should expect a lower selection rate.

The $100,000 payment. Presidential Proclamation 10973, effective September 21, 2025, required a $100,000 payment on certain new H-1B petitions for workers outside the United States. A Massachusetts federal court vacated the implementing requirement on June 8, 2026, treating it as an unauthorized tax. After a short administrative stay, the First Circuit on July 24, 2026 denied the government’s request to keep the fee in place pending appeal. As of early September the payment is not being collected, but the case is not over, and the proclamation itself is written as a twelve-month measure that expires around September 21, 2026 unless extended.

Separately, on August 25, 2026 DHS published a proposed rule that would create a $103,265 filing fee for cap-subject H-1B petitions. That proposal is not in effect. Comments are open through September 24, 2026.

For German companies, the practical alternatives have not disappeared: L-1 intra-company transfer, E-2 treaty investor (Germany is a treaty country), O-1 for individuals with extraordinary ability, and employment-based immigrant petitions that do not depend on the H-1B cap.

7. Students and exchange visitors: duration of status ends on September 15

On July 17, 2026 DHS published a final rule replacing “duration of status” (D/S) admission for F, J, and I nonimmigrants with a fixed period of stay. The rule takes effect September 15, 2026.

In outline:

New F and J admissions on or after September 15 receive an I-94 “Admit Until Date” tied to the program end date on the I-20 or DS-2019, generally not to exceed four years, plus a shortened grace period.
The F-1 post-completion grace period drops from 60 days to 30 days for post-effective-date admissions.
Remaining past the Admit Until Date will require a formal Extension of Stay with USCIS, or travel and a new admission.
People already in the United States in F or J status on the effective date have transition rules. They are not all required to file an extension on September 15, but they do need to know their new outer date, generally the current program or OPT end date, subject to a four-year cap measured from the effective date.

German students who planned to move from F-1 to H-1B or to a green card after graduation now have less slack in the calendar. Overlap with the new I-485 and public-charge rules makes the next academic year a planning problem, not a paperwork problem.

New editions of Form I-539 and Form I-765 take effect September 15 as well. Older editions filed on or after that date will be rejected.

8. Investor and treaty paths: E-2 and EB-5 remain open, with the usual caveats

For many of our clients these remain the most relevant business routes.

E-2 (Germany is a treaty country). The E-2 visa is still available to German nationals who make a substantial investment in a bona fide U.S. enterprise that they will develop and direct. It is not a green card. It is, however, renewable and often the most efficient way for a German entrepreneur to live and work in the United States while a longer-term immigrant strategy is built. The 2026 discretionary climate makes the quality of the business plan, source-of-funds trail, and “develop and direct” evidence more important, not less.

EB-5. For most chargeability areas, including Germany, unreserved EB-5 remains current in the September bulletin. India unreserved EB-5 is unavailable through the end of the fiscal year. Rural and high-unemployment set-aside categories have generally stayed more available than the unreserved pool. Source-of-funds, job-creation, and project diligence standards have not been relaxed.

EB-2 NIW. National Interest Waiver cases remain a realistic option for certain professionals, researchers, and entrepreneurs who can show that waiving the job offer and labor certification is in the U.S. national interest. Discretion and the new public-charge framework still apply at the I-485 stage.

What German and European clients should do in September 2026

If an I-485 is nearly ready and public charge applies, decide this week whether to file on the current form before September 18 or on the new form after that date. Do not file a thin package just to preserve the old rule.
If you are in F-1 or J-1 status, obtain your I-94, I-20 or DS-2019, and OPT dates and map them against the September 15 transition rules before you travel.
If you are an employer, treat H-1B as one tool among several. Revisit L-1, E-2, O-1, and immigrant-petition timing in light of the wage-weighted cap and the unsettled fee litigation.
If you have a consular immigrant-visa case, confirm whether any prior 221(g) refusal was based solely on the vacated 75-country pause and whether the post has resumed interviews after public-charge training.
Sign every form the old-fashioned way. A copied signature image is now a denial risk.
Do not travel on Advance Parole or change status without checking how a departure would interact with the new discretionary adjustment policy and any applicable entry restriction.

Working with German American Legal

Our team helps guide you from the start of the application to the interview at the consulate and receiving your visa or green card. Contact us for support or info@germanamericanlegal.com

Written By: Alexander Thorlton, Esq. Immigration Attorney at German American Legal.

Updated: September 6, 2026.

Green cards and visas in 2026 what is changing and what is staying the same