I don't believe that's correct. H1-B is formally a temporary, nonimmigrant work visa/status which permits "dual-intent" (meaning a holder can be openly seeking permanent residence when applying for [or when on] such a visa without that dual intent being immigration fraud).
or is it effective all the way back at I-140 time where people would then need to spend years away from the US?
On visa forums this method is commonly discussed. By entering on an ESTA/B-2 with the intent to marry a US Citizen, they're committing immigration fraud, inherently. You would be denied entry at the border if you admitted to your plans.
The correct way to do this is to file a K-1 visa outside the United States, or marry outside then file a IR-1/CR-1.
It very specifically lays out common exceptions to this, including for legal immigrants on dual intent visas and those whose only pathway to permanent residency is via adjustment of status.
It also wildly misinterprets the news to claim that the K-1 visa has been effectively ended, even though the memo specifically excludes it.
https://www.uscis.gov/sites/default/files/document/memos/PM-...
> However, maintaining lawful status in a dual intent nonimmigrant category is not sufficient, on its own, to warrant a favorable exercise of discretion.
Which basically means that, applying AOS while being in dual-intent category is not favorable and you will have to prove extraordinary circumstance for a simple i-485 AOS on H1B. Lacking the extraordinary circumstance, your application may be denied.
What this basically means for millions of people on H1B (especially from countries like India is), they have to go for consular processing. And given the lack of appointments in India and delays they are facing - you could be stuck for months to years and no company is going to wait for you while you go through the process. So leaving would definitely disqualify them.
H1Bs should jump the queue why? You're arguing that the family of US Citizens should be considered behind temporary immigrant workers with no family ties to the United States, and you should be exempt from the requirements they face.
Department of Homeland Security is no longer processing Green Cards via AOS. That included UCSIS.
However the STATE DEPARTMENT is still processing it via Consular Processing.
The article makes it sounds like the US is no longer offering Green Cards which is false.
https://www.uscis.gov/sites/default/files/document/memos/PM-...
https://www.uscis.gov/sites/default/files/document/memos/PM-...
I read that it used to not be like this, that it used to be possible to renew the _visa_ itself from inside the US, but that got changed before my time. I can only imagine that the reason for that was that non-citizens inside the US are entitled to due process, but non-citizens outside the US are not. And denying a visa to somebody outside the US is therefore a lot easier than denying it to somebody inside the US, and essentially cannot be appealed.
When I applied for AOS form H1B to Green Card, I didn't have to leave the US. With this change, I would have had to. The only reason I can think for this change is that denials of AOS would now become unappealable. I hate this.
In general the law applies equally to everyone associated with the US in any respect so you get due process (in theory) regardless. Specific laws may apply to different classes of people though (see 'enemy combatants').
No, after 9/11 they passed a rule to always collect biometrics before issuing visas and validating them at border entry. The DoS facilities in the US did not have fingerprinting facilities but the consulates and embassies did, so they forced the change. Recently there was a pilot to allow it in the US itself.
F1 and h1 are non-immigrant visa.
American law only allows a person to reside in the country with one Visa type.
The green card is an immigrant visa - and the new visa is issued through an adjustment of status for those inside the USA (backlogged) or by consulates (nearly immediately).
So this is a good thing. It’s easy to get alarmed.
Why can't USCIS shard it based on country within the US in a similar fashion?
Edit. Via OpenAI
2025, the cap was about 26,323 per country because the total visa pool was larger.
Important details:
1. The cap applies to: * Employment-based green cards * Family preference green cards 2. The cap does NOT apply to: * Immediate relatives of U.S. citizens * spouses * parents * unmarried children under 21 Those categories are uncapped. 3. The cap is based on: * Country of birth (“chargeability”) * Not citizenship. 4. In practice, countries like: * India * China * Mexico * Philippines hit the cap constantly, causing very large backlogs.
Simple example:
If 500,000 Indians qualify for employment-based green cards, but only ~25k–30k can be allocated annually under the cap system, the remainder wait in line. That is why Indian EB-2 and EB-3 wait times can stretch into decades.
Denamdn better from your government.
I wonder how this would work with a K-1 "Fiancé" Visa. Typically a K-1 holder can enter the country as long as they get married within 90 days, and then the family stays together while the I-485 is processed. Now what? Come to the USA, marry the US Citizen, and then you're banished back to your home country?
There's also the K-3 which lets the foreign spouse enter as a non-immigrant to keep the family together while the I-485 is processed. Are they getting rid of that entirely?
This is all totally bonkers, likely not well thought out, and pretty cruel to families, which is completely on-point for this Administration.
If that was true why even go through a whole process. To me it sounds like there is still an approval required meaning the person is not determined to be admissible yet.
Or it has been, and cruelty is the point
K1 will obviously be an exception as substantial steps are generally taken at a home consulate.
An entire visa class is not “obviously an exception”, or it would be clear.
The Great Recession and the China GC backlog in the late 2000s and early 2010s acted as a similar push factor on top of the Thousand Talents program (which India recently started emulating as well).
Brexit played a similar role in helping initiate a reverse brain drain back to Poland and Romania in the late 2010s as well.
All this FUD in this entire post is disheartening.
I did consular processing when I got my Green Card. It's the FINAL step fo the GC process. You don't need to be outside the US for all the other stages, in fact I think if you leave during some parts, it would be considered abandoning your application. It just means that while you're in the US, you need to schedule an appointment at the US embassy/consulate in your home country, and fly back. Then you go through the appointment and there on the spot you're approved or rejected. It's a big nerve wracking but unless you lied you will be fine. Then you fly back to the US.
For me CP was much much faster, on the order of months.
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