Full breakdown of USCIS memo on change in Green Card rules for H1-B, L-1, F-1 OPT

US Citizenship and Immigration Services (USCIS) has announced a caller argumentation memo which requires foreigners successful the state seeking a green card to present permission America and use successful their location country. In the announcement, USCIS Spokesman Zach Kahler said “This argumentation allows our migration strategy to relation arsenic the instrumentality intended alternatively of incentivizing loopholes.

When aliens use from their location country, it reduces the request to find and region those who determine to gaffe into the shadows and stay successful the U.S. illegally aft being denied residency”. "Nonimmigrants, similar students, impermanent workers, oregon radical connected tourer visas, travel to the US for a abbreviated clip and for a circumstantial purpose. Our strategy is designed for them to permission erstwhile their sojourn is over. Their sojourn should not relation arsenic the archetypal measurement successful the Green Card process," the bureau said successful a statement.Immigration Law steadfast Manifest Law has published a afloat breakdown of the memo explaining what has changed for H1-B, L-1, F-1 OPT visa holders moving toward a Green Card. Take a look

What the New USCIS Memo Means for Your Workforce

On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) released argumentation memorandum PM-602-0199 instructing officers to use a stricter modular erstwhile reviewing Green Card applications filed from wrong the United States.

The connection to officers: applying for a Green Card successful the U.S. —a process known arsenic accommodation of status-is "an bonzer signifier of relief" and "was not designed to supersede the regular consular visa-issuing process."This memo means that astir overseas nationals presently moving successful the US connected visas considered non-dual intent, that is, the overseas nationalist is expected to permission erstwhile the intent of the visa is served (e.g.,

F-1 OPT/STEM OPT) oregon those who are visa waived (e.g., ESTA), they volition request to use for accommodation of presumption from an embassy oregon consulate extracurricular of the U.S., unless they tin amusement bonzer circumstances, which is not defined by the memo.Important caveat: This memo is apt to beryllium challenged successful court. It provides nary guidance connected implementation, including timelines oregon criteria beyond the factors already successful the law.

Most pressingly, nary effectual day was listed successful the memo. Until the courts measurement in, oregon USCIS issues further guidance, it is not wide however officers volition use this successful practice. But it is worthy knowing what it could mean for your workforce.

What this memo says

USCIS has ever had the ineligible authorization to contradict a Green Card application, adjacent if the applicant meets each requirement, based connected discretion, that is simply a weighing of affirmative and antagonistic factors successful a case.

This memo reaffirms that this authorization should beryllium applied much deliberately and aggressively.Officers are being fixed an explicit database of antagonistic factors to measurement including:

To flooded these adverse factors, the memo sets a precocious bar. Applicants whitethorn request to show "unusual oregon adjacent outstanding" factors including household ties and motivation character, meaning the affirmative factors person to beryllium beardown capable to outweigh the information that they chose to enactment successful the U.S.

rather than use from abroad-expect USCIS to use this rather stringently fixed the code of the memo.

What this means for your workforce

For HR and mobility teams, the applicable accusation is that Green Card filings volition necessitate much from you and your employees.For astir employment-based cases, this isn't uncharted territory. Immigration attorneys should already physique filings that papers an applicant's ties to the U.S., their compliance record, and wherefore their lawsuit deserves to determination forward.But the level of scrutiny has changed. Filings tin nary longer beryllium treated arsenic routine.Attorneys volition present request to marque a stronger lawsuit for each I-485 exertion arsenic to wherefore this idiosyncratic should beryllium allowed to use for their Green Card from wrong the U.S. alternatively than having to leave, and adjacent much for those connected non-dual intent visas. Expect much documentation requests. The memo requires officers to measurement factors including "family ties, migration presumption and history, the applicant's motivation character"- each needs to beryllium supported with evidence.Here's what it means for circumstantial populations. Remember: Most cases should beryllium manageable with due preparation. The extremity is to cognize wherever to absorption attention.

H-1B and L-1 workers

For H-1B and L-1 workers, this is the astir consequential line:"Maintaining lawful presumption successful a dual intent nonimmigrant class is not sufficient, connected its own, to warrant a favorable workout of discretion."This means that though H-1B and L-1 workers person agelong been capable to use for accommodation of presumption wrong theU.S., they present cannot presume that this pathway is automatic and administrative only.Officers request to spot affirmative arguments for wherefore applicants merit to set presumption successful the U.S., which could see grounds of taxation history, household circumstances, vocation progression, and different grounds of roots successful the U.S.Scenario: An H-1B marries a U.S. national and files for a Green card. In the past, this was a straightforward case; but they were arrested for disorderly behaviour a fewer years ago. Even if their condemnation was expunged oregon they were inactive granted an H-1B visa, nether this memo, the apprehension tin inactive beryllium weighed against them.

Cases that would person moved done adjudication rapidly successful the past, whitethorn not anymore.

F-1 students connected OPT

F-1 is not a dual intent visa. When students use for this presumption via USCIS oregon for the visa astatine the consulate, they are representing to an serviceman that they intended to instrumentality home.The memo instructs officers to measurement that practice erstwhile those aforesaid students aboriginal record for a Green Card. If you're employing radical connected OPT who are connected a way toward imperishable residence, this is worthy a speech with your migration counsel.Scenario: An F-1 OPT idiosyncratic completes a PhD successful machine science, finishes STEM OPT astatine a tech company, and files for a Green Card arguing their enactment is successful the nationalist interest. It's a beardown lawsuit connected the merits, but that years earlier, they told a consular serviceman they planned to spell home. Under this memo, officers tin present inquire erstwhile they really decided to enactment and measurement that successful their greenish paper application. The lawsuit won't needfully beryllium denied, but it volition request to explicate that displacement directly, and explicate circumstances for wherefore you are applying for accommodation of presumption wrong the United States.

EB-2 and EB-3 backlog cases

For employees who person been waiting successful the EB-2 oregon EB-3 backlog, peculiarly Indian nationals who whitethorn person been successful the queue for a decennary oregon more, the memo's accent connected equities-signs the applicant has built a beingness successful the U.S-works successful their favor. Deep affirmative U.S. ties, agelong employment history, children raised here, accordant compliance with applicable migration law, and spouses with established careers tin beryllium grounds for wherefore this idiosyncratic should beryllium allowed to use from wrong the U.S.

However, that grounds should beryllium powerfully documented.

B-1, B-2, and ESTA travelers

Visitors connected B-1, B-2, oregon ESTA visas look the astir vulnerability nether this memo. When they applied, they told a consular serviceman they were coming for a abbreviated travel and would leave.Filing for a Green paper wrong the United States, aft that, adjacent successful a morganatic matrimony case, is thing officers are present being told to measurement against them. If an worker oregon their spouse entered connected a visitant visa and is present pursuing a Green Card, emblem it to your migration counsel earlier filing.