USCIS recently issued a new discretion memo (PM-602-0199, May 21) that provides significant benefits for H-1B visa holders considering a green card through the EB-5 program. The memo clarifies that H-1B holders, as dual-intent visa holders, are better protected in the event of an I-485 denial compared to non-dual-intent visa holders, allowing them to remain in H-1B status.
Key Details:
- Memo issued: May 21, 2023
- H-1B is classified as a dual-intent visa
- H-1B holders can remain in status if I-485 is denied
- Risks primarily affect those who let their status lapse while using adjustment EAD
This update is particularly important for H-1B visa holders who are navigating the complex process of obtaining a green card through EB-5, as it provides a clearer path and reduces the risks associated with status changes. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Matthew Gordon