The latest immigration policy shift is raising major concerns for Indians living in the US or planning to move there. A new memo issued on May 21st has made the rule stricter regarding how Green cards will be reviewed by USCIS.
This move will impact current and future H-1B, L-1, O-1, and F-1 OPT visa holders who plan to apply for a green card from the US.
Here are the top five points Indian applicants should know:
The new USCIS memo emphasizes that an adjustment of Status approval is discretionary. Maintaining a valid status, securing approval for the I-140, and waiting for the priority date to become current were just procedural.
The applicants will not only be evaluated for eligibility but also for whether they deserve favorable discretion.
One of the biggest concerns is that USCIS is now favoring “Consular Processing” abroad rather than allowing applicants to complete the green card process from within the US.
This may lead many Indian professionals to apply from India for immigrant visa interviews and processing, increasing uncertainty for families, employment continuity, and travel planning.
The memo encourages close examination of the applicant’s entire immigration history, including
· Original visa intent
· Past visa interviews
· Status gaps
· Unauthorized work history
· Visa changes or extensions
· Statements made during earlier applications
Even small inconsistencies from years earlier could now be subject to additional scrutiny during an I-485 review.
Although H-1B and L-1 visas legally allow dual intent, the memo reportedly states that dual intent alone does not guarantee green card approval. USCIS officers are being reminded that Adjustment of Status is considered a discretionary benefit rather than a right.
This could especially impact Indian professionals who have spent many years continuously extending temporary work visas while waiting in green card backlogs.
The documentation-heavy process needs to be presented beyond eligibility. This may include evidence showing why the applicant deserves favorable discretion. This may include:
· Tax compliance records
· Employment history
· Community involvement
· Volunteer activities
· Employer recommendation letters
· Long-term ties to the United States
It is suggested not to panic, as Green cards can still be approved under the existing rules. However, it is best to review the pending or upcoming cases with experts to:
· Strengthen the discretionary factors in the case
· Avoid unnecessary immigration violations or risky travel decisions
· Evaluate whether consular processing may be strategically safer
For applicants with complicated immigration histories, prior status issues, or possible intent, processing may now deserve serious consideration.
For Indians already facing long EB-2 and EB-3 backlogs, preparation and documentation will now play an even bigger role in successful green card outcomes.
You can speak with the expert and evaluate your chances of obtaining the new green card.