a new policy memorandum immigration officeThe bill released on May 21, 2026 changes the situation for many immigrants seeking green cards in the United States, and the impact is not uniform. The level of additional scrutiny individuals now encounter varies widely depending on the type of visa they hold, ranging from minimal to intense scrutiny.
Here is a list of the most affected visas:
Tourist and visitor visas: receive the highest level of scrutiny
Under the updated immigration guidance, B-1 and B-2 visitor visa holders are expected to face the greatest pressure. These visas are issued on the basis that the person is entering the United States for a temporary purpose and plans to leave after fulfilling that purpose.
The new memo instructs immigration officials to conduct a more thorough evaluation of whether a green card applicant may be motivated by an undisclosed intention to establish permanent residence in the country.
During the review process, officials should pay particular attention to events that occurred shortly after arrival, such as marriages, employment prospects, or immigration-related applications, to assess whether immigration intent was present from the outset. Therefore, applications for permanent residence submitted shortly after entry on a visitor visa are expected to be subject to greater scrutiny.
Do H-1B and L-1 workers still fall into the safest categories?
Individuals holding H-1B and L-1 visas continue to enjoy a relatively high level of protection under the revised framework, as both visa types legally recognize the “dual intent” doctrine. This effectively allows visa holders to work temporarily in the United States while seeking long-term residency. Given that this protection is enshrined in immigration law, it cannot be overridden by executive order alone.
Employment-based Green Card: Solid foundation, but tougher scrutiny
People applying under employment categories such as EB-1, EB-2, and EB-3 are generally considered to be in a more stable position than those holding tourist or student visas, especially if they already hold dual intent status. Still, legal experts expect the memo will also lead to more stringent discretionary evaluations of employment-based applications.
What about EB-5 investors?
People seeking residency through the EB-5 investor program continue to benefit from strong statutory protections. The EB-5 Reform and Integrity Act of 2022 explicitly allows for the simultaneous filing of Form I-526E and Form I-485, a privilege that administrative guidance cannot negate.
Therefore, qualified EB-5 applicants can apply for adjustment of status while remaining in the United States.
Impact of new rules on F-1 students
holder F-1 students Expect visas to be more challenging due to updated policies. Student visas are granted on a non-immigrant basis only, with the understanding that the individual will return to their home country upon completion of studies or authorized training.
Under the new guidance, immigration officials may scrutinize whether subsequent decisions to seek permanent residence conflict with the initial conditions of a student visa. The legal interpretation of the memo suggests that student applications for adjustment of status may now be subject to increased skepticism unless applicants can demonstrate unusually strong mitigating factors or compelling positive circumstances.
