The US Citizenship and Immigration Services (USCIS) has issued a policy memo that could make it harder for hundreds of thousands of skilled workers to obtain Green Cards.
The memo, PM-602-0199, gives USCIS officers revised guidance that could affect millions of pending adjustment of status (AOS) applications.
AOS is the process by which a foreign national already in the US applies for permanent residence from inside the country, skipping the consular interview abroad.
USCIS spokesman Zach Kahler said that 'an alien who is in the US temporarily and wants a green card must return to their home country to apply, except in extraordinary circumstances.'
The memo instructs USCIS officers to treat adjustment of status as a matter of 'discretion and administrative grace,' not as an automatic right.
The impact falls unevenly across visa categories, with dual intent visa holders, such as H-1B and L-1 visa holders, being less affected.
However, non-dual intent visa categories, such as TN, E-3, F-1 OPT, and J-1 visa holders, may be more specifically targeted.
USCIS officials are being told to consider a set of variables when determining whether to grant an application for an adjustment of status, including immigration law infractions, fraud, and conduct that does not align with the intended use of the visa status.
