22 May 2026
The recent announcement from U.S. Citizenship and Immigration Services (USCIS) has created a wave of uncertainty across the immigration community—especially among professionals working in the United States on H-1B and L-1 visas.
The agency stated that Adjustment of Status (AOS) will now only be granted in “extraordinary circumstances,” emphasizing that most foreign nationals should pursue immigrant visa processing through U.S. consulates abroad instead of applying for permanent residency from within the United States.
Naturally, one major question immediately followed:
“What happens to H-1B and L-1 visa holders?”
And honestly, that’s the biggest unanswered issue in this entire policy announcement.
Because unlike tourist visas or student visas, the H-1B Visa and L-1 Visa are considered “dual intent” visas under U.S. immigration law.
That distinction matters.
For decades, dual intent visas have allowed professionals to legally come to the U.S. temporarily for work while also pursuing permanent residency at the same time. In fact, the ability to file an Adjustment of Status application from within the U.S. has been a standard part of the employment-based immigration process for many H-1B and L-1 workers.
So now immigration attorneys, employers, and foreign professionals are all asking the same thing:
Is USCIS planning to change how dual intent visas work?
Right now, USCIS has not clearly answered that question.
The memo strongly pushes consular processing and repeatedly states that temporary stays in the U.S. should not automatically become pathways to Green Cards. However, it does not specifically explain whether H-1B and L-1 holders will continue to qualify for Adjustment of Status under the long-standing dual intent framework.
That ambiguity is what’s causing concern.
For many tech companies, healthcare institutions, and multinational employers, this is not a small procedural issue. Businesses rely heavily on H-1B and L-1 talent to fill critical positions and retain highly skilled employees long term.
If Adjustment of Status becomes harder—or limited only to undefined “extraordinary circumstances”—it could significantly affect:
- Green Card planning strategies
- Employee retention
- International travel decisions
- Workforce stability
- Immigration timelines
And for employees themselves, the uncertainty is even more personal.
Many H-1B and L-1 professionals have spent years building careers, homes, and families in the United States with the understanding that Adjustment of Status was part of the legal immigration process available to them.
Now they’re left wondering:
- Will I eventually need to leave the U.S. for consular processing?
- What exactly counts as “extraordinary circumstances”?
- Will USCIS continue honoring the dual intent doctrine?
- Could future Adjustment of Status filings face more scrutiny or denials?
At this stage, there simply are not enough answers.
What we do know is that this policy signals a stricter interpretation of immigration law and a stronger preference for immigrant visa processing outside the United States.
But until USCIS releases additional guidance, immigration attorneys are closely monitoring whether employment-based Green Card applicants—particularly H-1B and L-1 holders—will be treated differently from other temporary visa categories.
For now, the most important thing for employers and foreign workers is preparation.
If you’re currently on an H-1B or L-1 visa, or your company sponsors international employees, this is the time to:
- Review your immigration strategy
- Evaluate pending Green Card timelines
- Assess travel risks carefully
- Stay updated on future USCIS guidance
- Speak with an experienced Immigration Attorney before making major immigration decisions
This policy announcement may ultimately reshape how employment-based immigration works in the United States—but the full impact on dual intent visa holders is still unfolding.
And until clearer answers arrive, that uncertainty is exactly why businesses and foreign professionals need experienced legal guidance more than ever.