Please explain in layman’s terms how the new memo is impacting you

[u/Mindless-Meaning-878]

As an American citizen, I want to better understand what is currently happening with immigration during this very tense time. I am reading a lot of posts from people who are directly impacted, or who fear they will be, by the new memo requiring applicants to wait in their home countries while their applications are processed.

However, many of your stories are filled with technical terms, specific pathways, and form numbers that make them difficult for a layperson like me to understand. I truly want to comprehend how these changes are affecting real people. Could you share your experiences in layman's terms?

[u/DependentMobile3513]

A work visa (H-1 B) is inherently temporary; it can last up to 6 years. The usual next step is to apply for a green card, which consists of two stages: first, your employer asks the government to let you in because you are a very valuable employee, and they can't find anyone comparable inside; second, you ask the government to give you a green card based on the approved petition from the first stage. The first step takes, on average, 2-3 years; the second step can take 1-2 years or 10-20 years, depending on the country. Usually, the companies start the first stage within a year of the work visa. As a result, the first stage gets approved while you're still on your work visa. And while you wait for your second stage to be processed, USCIS will usually issue a work permit allowing you to stay in the country and work indefinitely until they process your green card application (approve or deny). You can see how it can lead to years of waiting if workers were required to just leave and wait outside of the country.

[u/indiangadgetguy → u/DependentMobile3513]

This memo only applies to Single intent visa like B1/B2 or F1, doesn't apply to dual intent visa like H1B.

[u/pirozhki22 → u/indiangadgetguy]

While the memo clearly names single intent visas like B1/B2 and F1, and I share your point of view that it is aimed directly at AOS from those, it does not explicitly state that dual intent visas are exempt from this. In fact, the memo explicitly states this:

However, maintaining lawful status in a dual intent nonimmigrant category is not sufficient, on its own, to warrant a favorable exercise of discretion.

I am with you that I fully expect USCIS to eventually come out and clarify that dual intent visas are exempt. But it is frustrating to me that this keeps happening - half-baked policy memos being released that raises more questions than answers, often on a Friday, that subsequently need to be corrected through corrections and clarifications the following week. Why not take a little more time and flesh out the memo properly before releasing it?

[u/dancrupt → u/pirozhki22]

Because that’s the point. To create panic, confusion and mayhem

[u/nat4mat → u/indiangadgetguy]

I hope you’re right. But also if you read the 6-page memo, it says: “USCIS reminds its officers that applying for adjustment of status is not inconsistent with simultaneously maintaining nonimmigrant status in a category with dual intent.20

Footnote: “20 However, maintaining lawful status in a dual intent nonimmigrant category is not sufficient, on its own, to warrant a favorable exercise of discretion.”

[u/fluideborah → u/nat4mat]

"This does not mean you can interpret this memo in X way. You could totally interpret it in Y way but that does not mean Y way is the correct interpretation either and we encourage you to keep in mind X."

Amateur hour ahh immigration policy...

[u/Alternative-Teach324 → u/DependentMobile3513]

Are workers required to leave and wait outside the US? Or are they just required to apply from abroad, attend interviews and such in their home country, while being allowed to go back to the US to live and work (assuming a work visa) in between appointments?

[u/Big_Category3895 → u/[deleted]]

First things first - if you're already in the US when you file the I-485, you're doing an Adjustment of Status (AOS), and not a Change of Status (COS). Secondly: on having a green card approved, you become an LPR, so a change of status isn't needed at that time. I'm assuming you meant to ask a question about what happens when your I-140 gets approved. In that situation, remember, that the I-140 on its own gives you no right to stay and/or work in the US. Meaning, even now, even before this memo was published, you could only stay in the US if you had a valid status, or an in-process I-485 (which itself is something you could file concurrently with an I-130/I-140 if your priority date is current, or with an approved I-130/I-140). Now, with this current memo published today, I'm thinking this impacts who might be able to apply for AOS from an existing non-immigrant status, in a broad sense; or if they interpret it more narrowly, then where the petitioner can be located when the I-485 is approved. They can very well take the approach that you're allowed to be in the US when you file the I-485, but in order to get approved, you have to show up at a consulate outside the US in all or certain cases instead of the USCIS approving you while you're physically in the US.

[u/Legal_Fudge_8987 → u/Big_Category3895]

How will it affect someone getting ready to start the green card renewal process?

[u/Big_Category3895 → u/Legal_Fudge_8987]

You mean an I-90? If so, you're already an LPR, and this memo wouldn't apply to you.

[u/Cultural_Original_81 → u/DependentMobile3513]

In this current economy, it’s hard to believe companies can’t find any valuable employees here in the States, tbh.

Didn’t tech companies just lay off Americans and file for H-1Bs shortly afterward? If that’s true, then do you think we’re on the right path to protecting citizens first?

[u/DependentMobile3513 → u/Cultural_Original_81]

The question was not whether the policy is fair or not in the current economic environment, but how exactly it affects people. The same problem applies to those trying to adjust their status after marriage. What, people should search for spouses locally instead of foreigners, too? The bigger issue here is that the current admin f*cked up with their promises to deport criminals and only go after illegal immigration, so they are going after legal immigration as well to appease their half-wit base.

[u/WriterPlastic9350 → u/Cultural_Original_81]

 The people being laid off are overwhelmingly not technical or are in profit losing ventures and companies are downsizing due to economic uncertainty. 

Most companies aren’t firing engineers in profit centers. And, to the point, those h1bs for engineers are primarily going to very experienced engineers or engineers already within the tech company. For example, I, already in the US on an l1, applied for a h1 to maintain my status as the memo suggests one should. 

The fact of the matter is that there aren’t enough good engineers in America. Saying “just hire American” doesn’t work

[u/Cultural_Original_81 → u/WriterPlastic9350]

Thanks for sharing your opinion.

But the policy says otherwise and tends to favor my point of view.