E-Paper
Green Card alert: New rules increase vulnerability of these US visa holders; full details here
A USCIS memorandum from May 21, 2026, imposes varied scrutiny on green card applications.
A new policy memorandum from USCIS, released on May 21, 2026, has altered the situation for numerous immigrants seeking green cards from within the United States, and the impact is not uniform. The degree of additional scrutiny that individuals now encounter varies significantly based on the type of visa they possess, ranging from minimal to substantial.
The following is a list of visas that will be most affected:
Tourist and visitor visas: Subject to the highest level of scrutiny
Holders of B-1 and B-2 visitor visas are anticipated to experience the most intense pressure under the updated immigration guidelines. These visas are issued with the premise that the person is entering the US for a temporary purpose and plans to depart once that purpose has been achieved.
The new memorandum instructs immigration officers to conduct a more thorough evaluation of whether a green card applicant may have entered with an undisclosed intention to establish permanent residency in the country.
In the course of this review, officials are expected to pay particular attention to occurrences that take place shortly after arrival, such as marriage, job prospects, or immigration-related submissions, in order to assess whether there was an immigrant intent from the beginning. Consequently, applications for permanent residency filed soon after entering on a visitor visa are anticipated to undergo increased scrutiny.
Are H-1B and L-1 workers still among safest categories?
Individuals holding H-1B and L-1 visas continue to enjoy a relatively high level of protection under the revised framework, as both visa types legally acknowledge the principle of 'dual intent.' This effectively allows visa holders to work temporarily in the United States while simultaneously seeking long-term residency. Given that this protection is enshrined in immigration law, it cannot be overridden by administrative directives alone.
Employment-based green cards: Strong footing, but tougher review
People applying under employment-based categories such as EB-1, EB-2, and EB-3 are typically viewed as being in a more stable position compared to those on tourist or student visas, particularly if they already possess dual-intent status. Nevertheless, legal experts anticipate that the memorandum will result in more stringent discretionary assessments across employment-based applications as well.
What about EB-5 investors?
People pursuing residency through the EB-5 investor program continue to benefit from robust statutory protections. The EB-5 Reform and Integrity Act of 2022 explicitly allows for the concurrent submission of Form I-526E and Form I-485, a privilege that cannot be negated by administrative guidance.
Consequently, qualified EB-5 applicants are able to apply for Adjustment of Status while remaining in the US.
Impact of new rules on F-1 students
Holders of F-1 student visas are anticipated to encounter a significantly more challenging landscape due to the updated policy. Student visas are granted solely on a non-immigrant basis, with the understanding that the individual will return to their home country upon completion of their studies or authorized training.
According to the new guidance, immigration officials are likely to scrutinize whether a subsequent decision to seek permanent residency contradicts the initial conditions of the student visa. Legal interpretations of the memorandum indicate that applications for Adjustment of Status initiated by students may now be regarded with increased skepticism unless applicants can demonstrate exceptionally strong mitigating factors or compelling positive circumstances.
