HR Tip: New USCIS Guidance May Complicate Green Card Process for Employees on Work Visas
News May 28, 2026
HR Tip: New USCIS Guidance May Complicate Green Card Process for Employees on Work Visas
Federal immigration officials recently issued new guidance that could make the Green Card process more difficult for employees working in the U.S. on temporary visas, including H-1B and L-1 visas.
Under the new USCIS policy, more employees may be required to leave the United States and complete their Green Card process through a U.S. consulate abroad instead of applying from within the country. While USCIS says officers have always had this discretion, the guidance creates uncertainty for employers and foreign national employees.
The biggest concern for employers is potential business disruption. Employees who must complete consular processing abroad could face travel delays, appointment backlogs, or temporary gaps in work authorization. The policy may also increase legal costs and create recruiting and retention challenges for employers competing for global talent.
The guidance is especially confusing for H-1B and L-1 visa holders because those visa categories were specifically designed to allow employees to pursue permanent residence while working in the U.S.
HR Action Items
- Review employees currently pursuing employment-based Green Cards.
- Work with immigration counsel to evaluate potential risks.
- Consider maintaining underlying work visa status whenever possible.
- Prepare for possible travel or work disruptions if consular processing becomes necessary.
- Monitor for additional USCIS guidance and possible legal challenges.
Because immigration policies continue to evolve, employers should coordinate closely with immigration counsel before making decisions that could impact sponsored employees.