Insights & Updates on EB-1A Green Card and U.S. Immigration

In a 360-degree turn from the previously released policy memo, the US Department of Homeland Security has further clarified that most immigrants applying for a green card may not need to leave the United States. Just days after triggering anxiety among thousands of legal immigrants, the United States Department of Homeland Security (DHS) has issued a major clarification on its controversial Green Card policy, stating that most applicants will not be required to leave the United States while their permanent residency applications are being processed.

On 05/22/2026, the USCIS (aka U.S. Citizenship & Immigration Services) put into circulation a new policy memo stating that if an applicant seeks adjustment of status, they will have to do the same through consular processing via the Department of State outside of the Country. The USCIS memo also suggests that this policy is consistent with long-standing immigration law and court decisions in general.

The US Department of Homeland Security has recently released an important update re-stating the signature rules for all immigration applicants, including the H-1B Visa and the Green card. The new update is going to be effective from July 10, 2026, onwards. It clearly states that USCIS reserves the power to reject an application if the signature is invalid or shows a discrepancy in not following the guidelines.

We know from official data that there are over 11 million immigration applications pending in the USCIS database. Yet, the Trump administration announced earlier that it is going to cast a fresh set of eyes on older green card cases and re-evaluate whether any undeserving people got into the system by illegitimate means. Hence, a full-scale re-evaluation of permanent residency cases during the Biden administration is underway. And, in that wide net, around fifty such cases have turned up on the authority’s radar. Moreover, the Trump administration has inaugurated a dedicated unit for the purpose of screening all the past green card cases.

The June 2026 Visa Bulletin has delivered a significant reality check for Indian employment-based green card applicants. After months of limited optimism in several categories, the latest bulletin reveals major regressions in EB-1 and EB-2 for India. This backward movement highlights the continued pressure on the U.S. immigration system and the overwhelming demand from highly skilled Indian professionals.

In a joint operation, US Immigration & Customs Enforcement and USCIS have claimed widespread fraud in the Optional Practical Training or OPT visa program that spreads across thousands of foreign students and dubitable employers across the United States. Recently, at a Press Conference, ICE Director Todd Lyons reported that investigations have churned up empty offices, fake work locations that allegedly promised to employ international students despite absence of any real business activities.

According to several outlets and press reports, there may be a rising apprehension of more H-1B visa restrictions and likewise shrinking of student visa opportunities. In other words, the Trump administration is going to enact more immigration restrictions. Several news outlets have observed that many of the proposed rules can materialize eventually. It is highly likely that the administration is going to restrict employers, visa holders and students alike to engage in commercial activity and the marketplace. Here, our EB-1A experts have precisely highlighted what proposed rules can materialize and become real over time.

Often, it is an enigma to many applicants why they have received an RFE despite having a solid case. And, when they do receive the request for evidence, they often feel insurmountable pressure and many give up working on the case altogether, thinking this is the end! However, from our experience, our EB1A consultants have noticed that there are some hidden yardsticks and psychology that work behind USCIS’s adjudication. Here we have zoomed into precisely why so many applicants receive Requests for Evidence (RFEs) even after satisfying the minimum three EB-1A criteria.

On paper, the official website promised accelerated U.S. Residency in the Gold Card Visa Program. However, since its launch by President Trump, the program has faced many legal challenges and a sharp decline in demand. Moreover, legal opinion and the latest comment by the DHS suggests that Gold Card may be unable to provide the applicant a fast residency as promised at the outset of the program.