The USCIS Memo: A New Era of Scrutiny for Green Card Applicants

The latest policy memo from U.S. Citizenship and Immigration Services (USCIS) has sent shockwaves through the immigration community, sparking concern among foreign nationals seeking a green card. On May 21, 2026, USCIS announced that most applicants will now be required to leave the United States and apply for their Green Card from abroad, a move that could have far-reaching consequences for those on H-1B, L-1, and F-1 OPT visas.

The change in policy aims to eliminate loopholes and incentivize applicants to follow the rules. USCIS officials argue that this will bring much-needed order to the immigration system. However, critics see it as an overreach that will further complicate the process of obtaining a Green Card.

For thousands of foreign nationals currently working in the United States on non-dual intent visas, the memo signals a shift towards greater scrutiny of their applications. H-1B and L-1 workers will face increased scrutiny due to immigration law violations, instances of fraud or false testimony, and failure to depart as originally expected. Officers are empowered to weigh negative factors when reviewing Green Card applications filed from inside the United States.

The memo’s emphasis on discretion is noteworthy. Officers must apply a stricter standard when reviewing Green Card applications, requiring applicants to demonstrate “unusual or even outstanding” factors to overcome adverse factors. This sets a high bar for immigration attorneys, who will need to work closely with their clients to build stronger cases for every I-485 application.

Green Card filings will require more from both employers and employees as a result of this policy. Immigration law firms are preparing for an increase in documentation requests as officers seek to verify an applicant’s ties to the United States, their compliance record, and why their case deserves to move forward.

The practical implications of this policy are far-reaching. H-1B and L-1 workers can no longer assume a favorable exercise of discretion simply because they have maintained lawful status in a dual intent nonimmigrant category. Officers need to see affirmative arguments for why applicants deserve to adjust status in the United States, which could include evidence of tax history, family circumstances, career progression, and other indicators of roots in the country.

F-1 students on OPT are also affected by this policy, as officers will now be instructed to weigh the representation made by these individuals when they applied for F-1 status. If a student represented that they intended to return home but chose to stay in the United States and apply for a Green Card from within, their application may be subject to greater scrutiny.

The memo’s provisions have been met with resistance from some quarters, with many predicting it will face significant challenges in court. The lack of clear guidance on implementation has left many feeling uncertain about how this policy will play out in practice.

As we move forward, the USCIS memo represents a significant shift in the way Green Card applications are handled. While its proponents argue that it will bring order to the immigration system, critics see it as an overreach that will further complicate the process of obtaining a Green Card.

In the coming weeks and months, employers and employees will need to navigate this new policy landscape. Immigration attorneys will need to adapt their strategies to meet the changing requirements, while HR teams will need to work closely with their employees to ensure they are prepared for the increased scrutiny.

The path to a Green Card has become more difficult than ever before in this new era of scrutiny. The USCIS memo is a reminder that the immigration system is complex and ever-changing.