USCIS has issued a new policy memo on May 22, 2026, stating that nonimmigrant visa holders, such as those on H-1B, L-1, and L-2 visas, must generally return to their home country for consular processing when applying for a green card. This policy applies to individuals temporarily residing in the U.S., with exceptions only in extraordinary circumstances.
Key Details:
- Policy memo date: May 22, 2026
- Affected visa categories: H-1B, L-1, L-2
- Requirement: Return to home country for green card processing
- Exceptions: Only for extraordinary circumstances
While dual intent visas like H-1B and L-1 allow holders to pursue permanent residency, the memo clarifies that dual intent alone does not guarantee favorable discretion for adjustment of status, as decisions will be made on a case-by-case basis. This update may significantly impact nonimmigrant visa holders seeking permanent residency in the U.S.
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Source: grok