A new policy memo from the US Citizenship and Immigration Services (USCIS) has raised concerns among foreign nationals applying for green cards from within the United States.
The change could especially affect EB-5 investors and individuals living in the US on temporary visas such as H-1B, F-1, and E-2.
While the policy does not block green card applications filed inside the country, immigration experts say it could lead to stricter scrutiny during the approval process.
As a result, many applicants are now wondering whether obtaining a green card from within the US could become more difficult.
What Has Changed?
Under the new guidance, USCIS may increasingly expect applicants to complete their green card process through US consulates abroad instead of using the Adjustment of Status (AOS) route from inside the United States.
For EB-5 investors, this is a significant concern because one of the biggest advantages of the program in recent years has been the ability to apply for a green card while remaining in the US.
According to EB-5 immigration attorney Joey Barnett, the policy does not prevent eligible applicants from filing Form I-485, which is used for Adjustment of Status.
However, he believes USCIS could apply a stricter discretionary review when evaluating applications.
Why Are EB-5 Investors Worried?
The EB-5 visa program allows foreign nationals to obtain permanent residency by investing at least $800,000 in qualifying US projects that create jobs.
Many investors have relied on concurrent filing, which allows them to apply for Adjustment of Status while continuing to live and work in the United States.
The new memo has created uncertainty because it is still unclear how aggressively USCIS will implement the policy.
Barnett noted that immigration offices themselves were reportedly informed about the announcement shortly before it became public, meaning detailed implementation guidelines are still awaited.
Applicants With Complicated Cases Could Face More Scrutiny
Experts believe applicants with clean immigration records may continue to have strong cases.
However, those with previous immigration violations, legal complications, or other negative factors could face closer examination.
Barnett advised applicants in such situations to prepare evidence showing why their green card applications should be approved and how they and their families could be affected if forced to leave the United States and complete the process abroad.
He also recommended seeking legal assistance, especially for applicants handling complex immigration matters.
One Part of the Memo Is Drawing Attention
According to Barnett, one section of the memo has raised concerns among immigration professionals.
The language appears to suggest that using Employment Authorization Documents (EADs) and Advance Parole (AP) benefits obtained through concurrent EB-5 filings could potentially be viewed as a negative factor during discretionary review.
However, he emphasized that it remains unclear how USCIS will interpret and apply this provision in practice.
Could This Affect Future EB-5 Demand?
The policy could make some prospective investors think twice before choosing the EB-5 route.
One of the key attractions of the EB-5 Reform and Integrity Act of 2022 was the ability to remain in the United States while pursuing permanent residency through Adjustment of Status.
If more applicants are pushed toward consular processing abroad, the process could become longer and more complicated.
In some cases, applicants may face additional risks, including:
Immigration-related bars to re-entry
Previous unlawful presence issues
Criminal history concerns
Allegations of immigration fraud
Lengthy visa processing backlogs
Barnett warned that green card processing through US consulates can already take several years in some categories.
What About Applicants Who Have Already Filed?
For those who have already submitted their Adjustment of Status applications, there is no separate protection under the new policy.
According to Barnett, both existing and future applicants are expected to be reviewed under the same standards.
At the same time, he questioned whether a USCIS policy memo can effectively limit rights that are already provided under federal immigration law, noting that the law governing Adjustment of Status remains unchanged.
Immigration Lawyer’s Message: Don’t Panic
The announcement has understandably created anxiety among foreign nationals and EB-5 investors.
Barnett said his law firm has already received numerous calls from concerned clients seeking clarity about the policy.
Despite the uncertainty, his advice remains straightforward: don’t panic.
He believes investors currently pursuing EB-5 applications should continue with their existing plans while staying informed about future USCIS guidance.
As immigration policies continue to evolve, experts say applicants should closely monitor developments and seek professional legal advice when needed.
For now, the message from immigration lawyers is clear: stay the course and wait for more details on how the policy will actually be implemented.
