Green Card Rules Just Changed: Who may be Impacted? | US immigration

Añadido: 2026-06-02

[00:00:03]Hey friends, welcome back to the channel US immigration. US immigration system just dropped a massive surprise and it could completely change how green cards are approved in America. For years, foreign nationals living legally in the US on visas like H-1B, L1, student, or visitor visas had one major advantage. Once their priority date became current, they could apply for a green card without leaving the country through a process called adjustment of status or AOS. But now, everything may be changing. On May 22nd, 2026, USCIS announced new restrictions on filing Form I-485 for permanent residency inside the United States. A new agency memo says adjustment of status is no longer something routinely available. Instead, USCIS now calls it an extraordinary discretion reserved only for special situations. So, what does that mean? The government wants immigration officers to balance different factors before approving someone to stay in the US during the green card process. These factors may include the type of visa someone holds, whether it's a dual intent visa like H-1B or O1, how long they've lived legally in US, and whether they followed immigration rules without overstays.

[00:01:22]Officials may also review moral character, job importance to the US economy, employer impact, children in school, health concerns, humanitarian issues, and protecting integrity of the visa system for employers and immigrants.

[00:01:38]This could completely reshape the future of green card processing in America.

[00:01:42]One, what happens if your green card application is already pending? Let's start with people who already filed Form I-485, also known as adjustment of status, before this new policy direction came into play. If you're currently on an H-1B or O-1 visa, >> [music] >> there's some relief here because these are considered dual intent visas. That means USCIS has historically allowed people on these visas to pursue permanent residency while remaining in the US. But for applicants on visas that are not dual intent, things become more complicated. USCIS could now expect stronger explanations and additional evidence proving why your green card application deserves favorable discretion. So, today we're breaking down everything you need to know.

[00:02:29]>> [music] >> What's changing? Who's most affected?

[00:02:32]The risks involved and the smartest steps immigrants and employers should consider moving forward. Why more applicants may choose consular processing. Now, here's where things get interesting. Immigration attorneys are increasingly recommending that when filing an I-140 immigrant petition, applicants may want select consular processing instead of adjustment of status inside the US.

[00:02:54]>> [music] >> This applies to employment-based green card categories including perm cases, extraordinary ability petitions, multinational managers, outstanding researchers and national interest waivers. The reason consular processing may now be viewed as a safer route under this evolving USCIS policy environment.

[00:03:14]The hidden complication with consular processing. But there's a catch.

[00:03:19]Choosing consular processing on the I-140 doesn't permanently block someone from later filing adjustment of status in the US if conditions improve. However, once the I-140 gets approved, USCIS forwards the case to the National Visa Center. After that, applicants and attorneys must actively maintain the case by paying fees and contacting the NVC regularly.

[00:03:43]>> [music] >> Ignore for too long and the case can actually be closed. So, while consular processing may reduce certain immigration risks, it also creates more paperwork, more monitoring, and more long-term management. Need to transfer your case? Expect delays. For applicants who already selected adjustment of status, but now want consular processing, there's another hurdle.

[00:04:06]Their attorneys may need to file form I-824 to transfer the approved case to the National Visa Center. Unfortunately, USCIS processing times for this form are slow, and this move alone could delay a green card by at least a year. Spouses and work authorization concerns. There's also major concern around work permits for spouses. H-1 for spouses generally remain in a safer position because they can already receive work authorization once the H-1 beholder has an approved I-140. But renewals are still stressful because automatic work authorization extensions are no longer guaranteed.

[00:04:44]That means family should file renewals as early as possible. Meanwhile, spouses on L-2 and E-3 visas continue to have automatic work authorization connected directly to their status. Who could face the biggest problems? Some visa holders may be hit especially hard by this shift. People on TN visas, O-1 visas, B-1 visitor visas, F-1 student visas, J-1 exchange visas, and E-2 investor visas may experience longer delays and fewer options for obtaining work permits or green cards. In some situations, filing adjustment of status may still be the only realistic choice. Applicants in these cases should prepare strong evidence showing employment needs, family hardship, and other compelling reasons to remain in the US. The international travel risk nobody is talking about. One of the biggest fears right now involves immigrant visa interviews abroad. Imagine leaving the US for a consular interview, and then getting stuck overseas for weeks or even months because of administrative processing, background checks, or security reviews. For families, this could mean children missing school, careers being interrupted, and uncertainty about whether remote work from another country is even allowed during the wait. And for people from countries facing immigrant visa travel restrictions, staying in the US through adjustment of status may actually be the safer option despite the new uncertainty. Could the court stop this policy? Here's the final twist. Legal challenges against this USCIS policy shift are expected. Plaintiffs may argue that immigrants relied on years of previous USCIS practices, and that sudden changes violate fairness and due process protections. USCIS, however, is likely to argue that adjustment of status has always been discretionary.

[00:06:37]Right now, nobody knows how the court will rule or whether judges could temporarily block parts of policy. One thing is clear, though.

[00:06:45]This is one of the biggest immigration policy shifts in recent years, and both employers and immigrants should prepare carefully while waiting for more guidance from USCIS.

[00:06:55]Thanks for watching. Don't forget to like, subscribe, [music] and turn on notifications for more US immigration updates.