USCIS guidance stokes green-card uncertainty

USCIS issued a policy memorandum on May 21 that says adjustment of status is “a matter of discretion and administrative grace” and “an extraordinary relief” rather than a process meant to replace ordinary consular visa processing. The change has unsettled Indian professionals on H-1B and L-1 visas, as well as some F-1 students and dependents, because many have long relied on filing for permanent residence from inside the United States rather than returning abroad for consular processing. Immigration lawyers cited by Indian Express and Moneycontrol said the memo could make approvals more discretionary even for applicants who are otherwise eligible. ### What did USCIS change in plain terms? USCIS said in the May 21 memo that adjustment of status under section 245 of the Immigration and Nationality Act is not designed to “supersede the regular consular visa process.” The memo says officers should weigh all relevant facts case by case when deciding whether an applicant merits this relief, and it describes remaining in the United States to adjust status instead of using consular processing as a potentially adverse factor. (uscis.gov) USCIS’s public adjustment-of-status page, updated April 23, still says people present in the United States may apply for a green card without returning home, while applicants outside the country must use consular processing. That contrast has helped drive confusion over how far the new memo will change day-to-day adjudication. ### Why are Indian H-1B and L-1 workers especially exposed? (uscis.gov) Indian Express reported on May 24 that Indians dominate the long employment-based green-card backlog in EB-2 and EB-3 categories, with waits that can stretch beyond 15 or 20 years. That has made adjustment of status from inside the United States a central part of the path many Indian workers use once a visa number becomes available. (uscis.gov) Moneycontrol reported that immigration experts expect the memo to create uncertainty not only for current H-1B and L-1 holders but also for international students on F-1 visas planning to move into employment-based categories. The concern, according to those reports, is that applicants may now have to prepare for consular processing abroad even after years of living and working in the United States. (indianexpress.com) ### Is this connected to the drop in H-1B registrations? USCIS said valid H-1B registrations for fiscal year 2027 fell to 211,600 from 343,981 a year earlier, a drop of 38.5%. News18 reported on May 23 that the agency said “the days of abusing the programme with mass, low-wage registrations are over,” and that 71.5% of selected beneficiaries held U.S. master’s degrees or higher, up from 57% the prior year. (moneycontrol.com) The H-1B registration figures and the green-card memo are separate actions, but both came from the administration within days of each other and both point to tougher scrutiny of employment-based immigration routes. That link is an inference from timing and agency messaging, not a formal USCIS statement tying the two policies together. (news18.com) ### What does the filing calendar look like right now? USCIS said employment-based applicants must use the Final Action Dates chart, not the Dates for Filing chart, for both May 2026 and June 2026 adjustment filings. The agency’s filing-charts page was last reviewed on May 14 and says that rule applies to all employment-based preference categories for June. (news18.com) The Indian Express also reported that the State Department said EB-2 immigrant visas for India were exhausted for the fiscal year ending in September 2026. That means some applicants face both a narrower filing window and added uncertainty over whether USCIS will favor consular processing. ### What are employers and workers watching next? June 2026 filing decisions are now the immediate checkpoint because USCIS has already directed employment-based applicants to use Final Action Dates for that month. (uscis.gov) Applicants, employers and immigration lawyers are also watching how officers apply the May 21 memo in individual adjustment cases and whether USCIS issues additional policy guidance or examples in the weeks ahead. (indianexpress.com)