This week, a Department of Homeland Security (DHS) spokesperson clarified that the new, more restrictive Adjustment of Status policy will be much more limited in its application than initially communicated. The new policy will apply primarily to applicants who overstayed their authorized visa status and to applicants from nations who have a record of using public assistance (similar to the pause on immigrant visas). Based on this clarification, and from early reports from the field, it does not appear that the policy change will significantly impact H-1B visa holders or other types of visa holders who have maintained proper status in the United States.
Media outlets initially reported that noncitizen Green Card (“Lawful Permanent Resident Status”) applicants would need to depart the U.S. for a year or more to obtain a Green Card under the new policy. This was a misunderstanding of the policy, and the recent clarification confirms that the policy impact will be even more contained.
We will continue to monitor the impact of the new policy and will send out updates to our clients as appropriate. The Adjustment of Status process continues to be the preferred pathway to Lawful Permanent Resident Status for foreign nationals on employment-based visas in the United States.
Bernstein Shur’s Immigration Law practice group helps employers navigate an increasingly complex immigration landscape through proactive, compliant strategies that support recruitment, retention, and long-term workforce planning. The group advises businesses across industries—particularly in health care and highly regulated sectors—on matters ranging from temporary work visas and employment-based green cards to I-9 compliance and audit preparedness.
Michael Murray is a shareholder and Chair of the Immigration Law group who advises employers on health care and business immigration strategy, including visa planning, compliance frameworks, and workforce planning to support recruitment, retention, and long-term stability. He can be reached at [email protected].
Olivia Shaw is an associate in the Immigration Law group who advises employers on obtaining temporary work authorization and permanent residence for their employees, with particular experience in health care immigration and business immigration strategies. She can be reached at [email protected].