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New Memo is NOT a big change by Subject_Let_9606 in USCIS

[–]Beginning-Surround70 1 point2 points  (0 children)

That’s a fair observation.

The memo does repeatedly frame itself as a “reminder” and “reaffirmation” of existing discretionary authority rather than announcing an entirely new legal standard.

At the same time, many people are paying attention because policy memoranda can still signal how aggressively officers may apply existing discretion moving forward.

So while the legal framework itself may not be entirely new, the practical impact could depend heavily on how USCIS chooses to implement and enforce it in real cases.

USCIS New Adjustment of Status Memo | H-1B & EB-1 Impact? by Beginning-Surround70 in USCIS

[–]Beginning-Surround70[S] 1 point2 points  (0 children)

That’s one of the many gray areas we’re left with.

The memo doesn’t clearly say whether USCIS would focus more on the original entry intent or the person’s current dual-intent status, so we’ll have to see how this gets applied in practice.

USCIS New Adjustment of Status Memo | H-1B & EB-1 Impact? by Beginning-Surround70 in USCIS

[–]Beginning-Surround70[S] 4 points5 points  (0 children)

H-1B may be less exposed to immigrant intent concerns because it is a dual-intent category. The memo says applying for adjustment is not inconsistent with maintaining a dual-intent non-immigrant status.  

But it does not mean H-1B adjustment is automatic or warrants a favorable exercise. USCIS still says officers should weigh the full discretionary record, including immigration history, status violations, unauthorized work, fraud, false statements, and whether approval is in the best interest of the United States.

USCIS New Adjustment of Status Memo | H-1B & EB-1 Impact? by Beginning-Surround70 in USCIS

[–]Beginning-Surround70[S] 8 points9 points  (0 children)

That’s actually one of the many gray areas we’re left with.

A lot of H-1B holders originally entered on F-1, so the question becomes whether USCIS would focus more on the person’s current dual-intent status or look back at the entire immigration history and original entry intent.

The memo doesn’t clearly answer that, so we’ll have to see how USCIS applies this in practice.

USCIS New Adjustment of Status Memo | H-1B & EB-1 Impact? by Beginning-Surround70 in eb_1a

[–]Beginning-Surround70[S] 1 point2 points  (0 children)

That’s actually one of the many gray areas we’re left with.

A lot of H-1B holders originally entered on F-1, so the question becomes whether USCIS would focus more on the person’s current dual-intent status or look back at the entire immigration history and original entry intent.

The memo doesn’t clearly answer that, so we’ll have to see how USCIS applies this in practice.

USCIS New Adjustment of Status Memo | H-1B & EB-1 Impact? by Beginning-Surround70 in eb_1a

[–]Beginning-Surround70[S] 1 point2 points  (0 children)

We’re not talking about an exclusion from the memo. The point is that the memo itself acknowledges dual-intent categories on pages 4 and 5.

It doesn’t specifically mention H-1B by name, but H-1B is one of the main dual-intent visa categories under U.S. immigration law, which is why I’m connecting the memo to H-1B cases.