Änderungen der US-Einwanderungspolitik im Jahr 2026: Was ist dieses Jahr neu?
2026 has brought some of the most significant U.S. immigration policy shifts in years: a $100,000 fee on new H-1B petitions for beneficiaries abroad, a new $1 million Gold Card immigrant visa program, a policy pushing consular processing over in-country adjustment of status as the default route to a green card, and a rule letting USCIS deny cases without first issuing a Request for Evidence. Several of these changes remain contested in court, so current enforcement status can shift quickly.
This guide summarizes the year’s biggest changes and what each means practically. For the H-1B fee specifically, see our guide on the H-1B $100,000 fee rule.
Trying to understand how 2026’s policy changes affect your case? Atlas Legal stays current on these shifts and can review your specific situation. Vereinbaren Sie einen Beratungstermin mit unserem Team.
Wichtigste Erkenntnisse
- A September 2025 proclamation added a $100,000 fee on new H-1B petitions for beneficiaries outside the U.S.; a court vacated it in June 2026, then paused that ruling pending appeal, so the fee remains in effect for now.
- Executive Order 14351 created the Gold Card immigrant visa program, requiring a $1 million individual gift ($2 million corporate-sponsored) plus a $15,000 processing fee.
- USCIS paused broad biometrics-dependent adjudications on April 27, 2026, to refresh background checks against newly accessible FBI databases.
- A federal court declared unlawful, and lifted, USCIS holds on benefits for nationals of 39 travel ban countries in June 2026; the government’s appeal has not restored them as of mid-2026.
- Since August 5, 2026, USCIS can deny applications without first issuing a Request for Evidence or Notice of Intent to Deny if required initial evidence is missing.
- A May 2026 policy memo treats consular immigrant visa processing as the default green card route for most applicants, with in-country adjustment of status treated as discretionary.
Inhalt dieses Leitfadens
- The H-1B $100,000 fee
- The Trump Gold Card program
- The biometrics processing pause
- Travel ban country policy holds
- The new evidence standards policy
- Consular processing as the default route
- Häufig gestellte Fragen
The H-1B $100,000 Fee
Proclamation 10973, issued September 19, 2025, imposed a $100,000 fee on new H-1B petitions for beneficiaries located outside the United States, effective September 21, 2025. In June 2026, a federal court vacated the policy, but days later paused its own ruling, allowing USCIS to keep collecting the fee while the government’s appeal proceeds. Employers filing new H-1B petitions for candidates currently abroad should confirm the fee’s status before filing.
The Trump Gold Card Program
Executive Order 14351 established the Gold Card program to grant an expedited immigrant visa to individuals who contribute $1 million individually, or $2 million if sponsored by a company, after paying a nonrefundable $15,000 processing fee. Applications are filed as Form I-140G with USCIS, with the program itself administered by the Commerce Department rather than USCIS.
The Biometrics Processing Pause
On April 27, 2026, USCIS confirmed a broad pause on adjudicating applications that require biometrics, in order to refresh background checks against FBI databases the agency newly gained access to. This has slowed processing across multiple benefit categories that depend on completed biometric background checks.
Travel Ban Country Policy Holds
In March 2026, immigrant service organizations and labor unions sued over four interconnected USCIS policies, the Global Asylum Hold, Benefits Hold, Comprehensive Re-Review, and Country-Specific Factors Policy, which placed holds on immigration benefits for nationals of 39 travel ban countries. On June 5, 2026, the U.S. District Court for the District of Rhode Island declared these holds unlawful. As of mid-2026, the holds remain lifted, and the court has so far refused to let the government reinstate them during its appeal.
The New Evidence Standards Policy
Since August 5, 2026, USCIS guidance authorizes officers to deny an application or petition outright, without first issuing a Request for Evidence or Notice of Intent to Deny, if the applicant fails to submit all required initial evidence. This is a significant change from prior practice, which generally gave applicants a chance to cure evidentiary gaps before a denial, and raises the practical stakes of filing a genuinely complete application the first time.
Consular Processing as the Default Route
A May 2026 policy memorandum directs officers to treat immigrant visa processing at a U.S. consulate abroad as the default route to a green card for most applicants, with in-country adjustment of status treated as a discretionary option rather than an equally available default. Applicants weighing whether to adjust status inside the U.S. or process through a consulate abroad should factor this shift into their planning.
Häufig gestellte Fragen
Is the H-1B $100,000 fee currently being enforced?
As of mid-2026, yes, despite a court ruling against it, because the same court paused its own decision while the government appeals. Confirm the current status before filing, since litigation can change this quickly.
Does the biometrics pause affect every immigration application?
It affects applications and petitions that require biometrics to complete background checks, which slows a range of benefit categories, though the scope and duration can change as USCIS works through the backlog.
What does the new evidence policy mean for applicants?
It means a genuinely complete, well-documented initial filing matters more than ever, since officers can now deny a case for missing required evidence without first giving the applicant a chance to supplement it through an RFE or NOID.
Should I file for adjustment of status inside the U.S. or process through a consulate abroad?
Given the May 2026 policy favoring consular processing as the default, discuss both options with an immigration attorney, since your specific facts, current location, and category may still support in-country adjustment as a discretionary choice.
Fazit
2026 has brought substantial policy shifts, several still contested in court, that affect fees, evidence standards, processing routes, and timelines across nearly every immigration category. Because litigation is actively reshaping several of these policies, confirm current status before making major filing decisions.
Atlas Legal Immigration Law tracks these changes closely and can help you understand how they affect your specific case. Reach our team at 1750 E Golf Rd, Büro 214, Schaumburg, IL 60173, telefonisch unter (+1) 872 382 2762, oder per E-Mail an info@theatlaslegal.com. Vereinbaren Sie einen Beratungstermin to discuss your case.
Geprüft vom Redaktionsteam von Atlas Legal Immigration Law. Letzte Überprüfung: 31. August 2026.
Quellen
- American Immigration Council, USCIS Implements the H-1B Proclamation $100,000 Fee
- US-Einwanderungs- und Staatsbürgerschaftsbehörde, Policy Manual Updates
- US-Einwanderungs- und Staatsbürgerschaftsbehörde, Alerts
This article is provided for general informational purposes only and does not constitute legal advice. Immigration laws, government fees, policies, and processing times may change, and several policies described here remain subject to active litigation. Reading this article or contacting Atlas Legal does not by itself create an attorney-client relationship. The outcome of any immigration matter depends on its individual facts and circumstances.
