One million legal immigrants could face new pressure to leave the United States under Trump’s policy changes

A stricter green card review

U.S. Citizenship and Immigration Services issued a May 21, 2026, memorandum that increased discretionary scrutiny for covered applicants seeking permanent residence through adjustment of status inside the country.

Some applicants faced uncertainty over whether their cases might shift to consular processing abroad instead of completing permanent residence adjudication inside the country during the federal review process.

How adjustment normally works

Adjustment of status allows eligible people inside the United States to seek lawful permanent residence through Form I-485 instead of completing immigrant visa processing at a consulate abroad.

A pending Form I-485 may place an applicant in a period of authorized stay, but it does not itself grant lawful status, employment authorization, or advance parole for travel.

The memorandum emphasizes discretion

Policy Memorandum PM-602-0199 characterizes adjustment under Section 245(a) of the Immigration and Nationality Act as discretionary relief, not an automatic benefit for eligible applicants inside the United States.

The guidance identifies consular processing as the ordinary route and instructs officers to decide whether each case warrants a favorable exercise of discretion after reviewing all relevant circumstances.

Eligibility does not guarantee approval

Meeting legal requirements remains necessary, but eligibility alone does not require approval when officers examine the complete record and decide whether a favorable exercise of discretion is justified.

Officers may consider immigration history, compliance with temporary status requirements, family ties, employment, community connections, misrepresentation concerns, and other positive or negative factors before reaching a final decision.

A clarification narrows the reach

After the initial announcement, the U.S. Department of Homeland Security described the change more narrowly and emphasized individualized consideration for highly qualified applicants who followed applicable immigration requirements.

The department indicated that specialized professionals providing economic benefits or serving the national interest would likely merit a favorable exercise of discretion, subject to officer review under the memorandum.

The population estimate

FWD.us estimated in 2025 that as many as 730,000 H-1B holders and 550,000 dependents lived in the United States, representing nearly 1.3 million residents across those visa categories.

The estimate does not measure pending Form I-485 applicants, people directly affected by the memorandum, or residents likely to use consular processing instead of domestic adjustment for permanent residence.

Fun fact: Ellis Island processed more than 12 million immigrants between 1892 and 1924, making it the nation’s busiest immigration station in history.

Dual intent offers limited protection

H-1B and L-1 classifications permit dual intent, allowing temporary workers to pursue permanent residence without automatically conflicting with the lawful purpose of their admission under federal immigration law.

The memorandum preserves that principle, yet dual intent alone does not guarantee approval because officers must examine broader factors before making a favorable discretionary decision in each case.

Little-known fact: The 1965 Immigration and Nationality Act abolished the national origins quota system, shifting U.S. immigration policy away from country-based selection.

Family cases remain available

Family-based adjustment remains available for eligible spouses and other immediate relatives of United States citizens who satisfy legal and regulatory requirements while seeking permanent residence inside the country.

Statutory exceptions for certain status violations remain unchanged, although officers may consider immigration history, family connections, and other relevant circumstances during individual discretionary review of covered adjustment applications.

Status history carries more weight

The memorandum directs officers to weigh status violations, unauthorized employment, failure to depart after temporary admission or parole, and other adverse conduct in covered Section 245(a) adjustment cases.

Applicants may provide evidence addressing favorable and adverse considerations, but the guidance does not establish one uniform new documentation requirement for every covered adjustment application during officer review.

Consular barriers complicate departures

A separate U.S. Department of State policy paused the issuance of immigrant visas for nationals of 75 countries, while applications, scheduled interviews, and limited exceptions remained available under official guidance.

Separately, residents of countries without routine consular operations may need designated posts, creating possible travel, scheduling, or document arrangements before an immigrant visa interview in another location abroad.

Employers face planning uncertainty

The memorandum may affect employer planning when sponsored workers face consular processing, but published USCIS materials have not provided policy-specific data on resulting delays, additional interviews, or evidence requests.

H-1B workers serve specialized occupations, although public federal datasets have not isolated staffing or project effects attributable specifically to the revised adjustment policy across American employers or workplaces.

Pending applications remain case-specific

The memorandum leaves unclear how USCIS treats applications filed before May 21, 2026, and does not direct applicants to withdraw, amend, or refile Form I-485 because of that guidance.

Departure can affect immigration status, employment authorization, travel documentation, and application strategy differently, so broad assumptions about leaving or remaining may create avoidable complications for individual adjustment applicants.

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Implementation will determine the impact

The memorandum remained publicly available, but its effects depend on individual decisions, later agency instructions, implementation patterns, and any court challenges or rulings involving the policy over time.

The guidance does not automatically require H-1B holders, their dependents, or adjustment applicants to leave the United States solely because they fall within broader groups identified in population estimates.

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What stands out more in Trump’s immigration policy changes, the potential pressure on up to one million legal immigrants to leave the United States, or the broader shift in immigration policy? Share your thoughts.

This slideshow was made with AI assistance and human editing.

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