Green card overhaul: New rules place these US visa holders more at risk - Check the full list

A new USCIS policy memorandum issued on May 21, 2026 has changed the calculus for thousands of immigrants pursuing green cards from within the United States, and not equally. Depending on what visa a person holds, the level of additional scrutiny they now face ranges from minimal to significant.

Here's the list of visas that are gonna be affected the most:

Tourist and visitor visas: Facing the sharpest scrutiny

Holders of B-1 and B-2 visitor visas are expected to come under the greatest pressure under the revised immigration guidance. These visas are granted with the understanding that the individual is entering the United States for a temporary purpose and intends to leave once that purpose is fulfilled. The new memorandum directs immigration officers to more carefully assess whether a green card applicant may have arrived with an undisclosed intention to settle permanently in the country.

As part of this review, officials are likely to focus closely on events that occur soon after arrival, including marriage, employment opportunities, or immigration-related filings, to determine whether immigrant intent may have existed from the outset. Applications for permanent residency submitted shortly after entering on a visitor visa are therefore expected to face heightened scrutiny.

H-1B and L-1 workers: Still among the safest categories

Applicants on H-1B and L-1 visas remain comparatively well protected under the updated framework because both visa categories legally recognise the concept of “dual intent.” In practical terms, this means visa holders are permitted to work temporarily in the US while also pursuing long-term residency. Since this protection is embedded in immigration law, it cannot be negated through administrative guidance alone.

Employment-based green cards: Strong footing, but tougher review

Applicants filing under employment-based categories such as EB-1, EB-2 and EB-3 are generally considered to be in a more secure position than those on tourist or student visas, especially when they already hold dual-intent status. However, attorneys expect the memorandum to lead to stricter discretionary evaluation across employment-based cases as well.

EB-5 investors: Legal protections remain intact

Individuals seeking residency through the EB-5 investor programme continue to enjoy relatively strong statutory safeguards. Under the EB-5 Reform and Integrity Act of 2022, Congress explicitly permitted concurrent filing of Form I-526E and Form I-485, a right that administrative guidance cannot override.

As a result, eligible EB-5 applicants may continue applying for Adjustment of Status from within the United States.

F-1 students: Greater vulnerability under new rules

F-1 student visa holders are expected to face a far more difficult environment under the revised policy. Student visas are issued strictly on a non-immigrant basis, with the expectation that the individual will return home after completing their studies or authorised training.

Under the new guidance, immigration officers are likely to examine whether a later decision to pursue permanent residency conflicts with the original terms of the student visa. Legal interpretations of the memorandum suggest that student-led Adjustment of Status applications may now be viewed with greater suspicion unless applicants can present unusually strong mitigating factors or compelling positive circumstances.

Dependent family members: Separate scrutiny possible

Another issue drawing attention is the treatment of spouses and children included as derivative beneficiaries in green card applications. Although dependent family members are typically assessed through the principal applicant’s case, attorneys warn that immigration officers may now independently examine each person’s visa history, immigration status and any prior compliance issues.se