A recent policy memorandum issued by U.S. Citizenship and Immigration Services (USCIS) on May 21, 2026, is set to redefine the path to permanent residency for thousands of immigrants already residing in the United States. The new guidelines introduce varying levels of additional scrutiny, with some visa categories facing significantly tougher reviews than others.
Heightened Scrutiny for B-1 and B-2 Visa Holders
Holders of B-1 (business visitor) and B-2 (tourist visitor) visas are expected to encounter the most rigorous examination under the revised immigration framework. These visas are issued with the explicit understanding that the individual's stay in the U.S. is temporary. The new USCIS green card rules direct immigration officers to meticulously assess whether applicants who entered on these visas may have harbored an undisclosed intent to settle permanently.
Officers will particularly focus on events occurring shortly after arrival, such as marriage, securing employment, or filing immigration-related paperwork, to determine if immigrant intent existed from the outset. Consequently, applications for permanent residency submitted soon after entering on a visitor visa are now subject to intense scrutiny.
F-1 Student Visas Face Greater Vulnerability
F-1 student visa holders are also expected to navigate a more challenging landscape under the updated policy. Student visas are strictly non-immigrant, issued with the expectation that individuals will return to their home countries after completing their studies or authorized training. The new guidance prompts immigration officers to scrutinize whether a subsequent decision to pursue permanent residency conflicts with the original terms of the student visa.
Legal interpretations suggest that Adjustment of Status applications from F-1 students may now be viewed with increased suspicion, unless applicants can present compelling positive circumstances or strong mitigating factors.
Stronger Standing: H-1B and L-1 Workers
In contrast, applicants holding H-1B (specialty occupation) and L-1 (intra-company transfer) visas remain comparatively secure under the new USCIS green card rules. Both of these visa categories legally recognize the concept of “dual intent,” meaning visa holders are permitted to work temporarily in the U.S. while simultaneously pursuing long-term residency. This protection, embedded in immigration law, cannot be overridden by administrative guidance alone.
Employment-Based Green Cards: Stricter Review Ahead
While generally considered more secure than tourist or student visas, employment-based green card applicants (such as those under EB-1, EB-2, and EB-3 categories) are also likely to face a stricter discretionary evaluation. Attorneys anticipate that the memorandum will lead to a more rigorous assessment across all employment-based cases, even for those already holding dual-intent status.
EB-5 Investors: Protections Remain Intact
Individuals seeking residency through the EB-5 investor program continue to benefit from robust statutory safeguards. The EB-5 Reform and Integrity Act of 2022 explicitly permits concurrent filing of Form I-526E and Form I-485. This right is protected by law and cannot be negated by administrative guidance, allowing eligible EB-5 applicants to continue applying for Adjustment of Status from within the United States.
Dependent Family Members: Independent Assessment Possible
Another area drawing attention is the treatment of spouses and children included as derivative beneficiaries in green card applications. Although typically assessed through the principal applicant’s case, legal experts caution that immigration officers may now independently examine each dependent family member’s visa history, immigration status, and any prior compliance issues.