USCIS Memo could open job opportunities for American workers

On May 21st, U.S. Citizenship and Immigration Services (USCIS) issued a memo that reminds staff that allowing a nonimmigrant (a temporary visa holder) to obtain Lawful Permanent Status (LPR) while remaining in the United States is a privilege, not a guarantee, and it shouldn't be used as a shortcut to bypass the normal process of applying for a green card at an embassy or consulate abroad.

The process--known as Adjustment of Status (AOS)--has become common practice. Nearly 60 percent of all green cards are currently issued through AOS, rather than consular processing. For example, a foreign student who has been sponsored by an employer or relative for LPR status has been allowed to apply for AOS and remain in the country with employment authorization while waiting for a green card to become available. Meanwhile, the foreign student can hold an American job that would be freed up for an American worker if the student is required to leave the country when the student visa expires and apply for the green card abroad.

The majority of nonimmigrant visa holders, including students, are required to prove to a consular official that they have “no intention of abandoning” their residence in their home country before they may be approved for the temporary visa. This means they have no reasonable expectation that they will be allowed to remain in the United States past the date the visa expires. In light of this, it is just common sense to require them to leave our country and apply for a different visa—in this case, a green card—from abroad.

The USCIS memo suggests that the agency is looking to end the widespread use of AOS and limit it to "extraordinary" cases. Of course, the primary test will be how the memo’s message is used in practice.

Adjustment of status has become one of the largest abuses within our current immigration system. It allows employers who sponsor temporary foreign workers for green cards to build a workforce of indentured servants who must stay and work for the employer until a green card becomes available. Because of numerical caps on green cards and per-country caps, this process can take decades in some cases. And all the while, American workers are locked out of the jobs filled by these “temporary” workers.

The Immigration Accountability Project recently worked with Rep. Eli Crane (R-AZ) to craft his End H-1B Visa Abuse Act, H.R. 8443. Rep Crane's legislation would eliminate AOS altogether. This means every nonimmigrant would have to return to his or her home country when the temporary visa expires and apply for a green card from there. It also means the jobs held by those nonimmigrants would be opened up for American workers.

For more information on adjustment of status and the problems it creates, see our fact sheet on the subject.

Little movement in Immigration Rankings

Due to the Memorial Day recess, there were no significant changes in this week’s update of IAP Action’s Congressional Immigration Rankings. 

You can view the full Immigration Rankings at IAPAction.com.

Immigration Articles

CBS: DHS memo directs ICE to ramp up asylum-related fraud cases

The Department of Homeland Security has directed Immigration and Customs Enforcement attorneys to aggressively pursue administrative fraud cases against immigration lawyers accused of filing false asylum claims for illegal aliens.

New York Post: Tim Walz pardons illegal alien convicted of armed robbery before ICE deportation to Laos

Minnesota Gov. Tim Walz and the state’s pardon board unanimously shielded an illegal alien convicted of armed robbery from a scheduled federal deportation to Laos.

Fox News: Protesters clash with ICE as NJ detention facility demonstrations continue

Protesters (including sitting Members of Congress) and ICE agents physically clashed outside Newark's Delaney Hall detention facility this week after 300 illegal aliens penned an open letter alleging inadequate medical care and food.

Next Week

The House and Senate return to work. The Senate will be working to pass the reconciliation bill designed to fund ICE and Border Patrol operations for the remainder of Pres. Trump’s term in office. The House will vote on the bill once it clears the Senate.