Desi Talk

www.desitalk.com – that’s all you need to know 6 IMMIGRATION May 29, 2026 NATIONAL AFFAIRS The policy could have particularly significant consequences for employment-based Green Card applicants, many of whom have traditionally relied on adjustment of status (AOS) while continu- ing to live and work legally in the U.S. There is a large number of Indian immigrants who stand to face significant disruption and delay because of this policy shift. T he United States and India signed an important agreement on critical minerals cooperation May 26, 2026 in New Delhi, at a meeting of Secretary of State Marco Rubio and India’s External Affairs Minister Subramanyam Jaishankar. The pathway to permanent residency in the United States or Green Cards could become significantly more difficult for thousands of South Asian and other im- migrants currently living and working here because of a newly announced immigration policy. The memorandum from the U.S. Citizenship and Im- migration Services (USCIS) announced on May 22 could mark one of the most consequential procedural changes to the employment-based immigration system in recent years, much like the $100,000 H1B fee announcement last year. The memo reiterates what the USCIS describes as the “original intent” of immigration law: foreign nationals seeking lawful permanent residence should generally pursue immigrant visa processing through U.S. consul- ates abroad rather than adjusting status from within the United States. Under the updated guidance, USCIS officers are instructed to evaluate adjustment-of-status requests on a case-by-case basis and grant such relief only in “extraor- dinary circumstances.” “We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” USCIS spokesman Zach Kahler said in the agency statement. “From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.” The agency stated that the change is intended to dis- courage visa overstays and ensure that temporary visas are used only for their intended short-term purposes. The USCIS also argued that shifting more immigrant visa processing to the Department of State would free agency resources to focus on other priorities, including natural- ization applications and humanitarian cases. Curiously though, the USCIS does not seem to have taken into consideration the fact that U.S. diplomatic missions abroad, particularly in a country like India, are already overburdened and this policy change could make their task even more demanding. EMPLOYMENT-BASED APPLICANTS MAY FEEL GREATEST IMPACT Whether intentional or unintentional, the policy could have particularly significant consequences for employ- ment-based Green Card applicants, many of whom have traditionally relied on adjustment of status (AOS) while continuing to live and work legally in the U.S. There is a large number of Indian immigrants who stand to face sig- nificant disruption and delay because of this policy shift. Current immigration trends indicate that the over- whelming majority of employment-based Green Cards are completed through adjustment of status rather than consular processing. For many skilled workers already employed in the U.S., the ability to remain in the country during the final stages of Green Card processing has been a central feature of the employment-based immigration system. The new guidance may create a distinction between applicants who can demonstrate humanitarian or extraordinary circumstances and those pursuing employ- ment-based permanent residency through conventional legal channels. While certain applicants could potentially qualify for exceptions due to safety or persecution-related concerns in their home countries, employment-based applicants may face greater difficulty establishing eligibil- ity for such exemptions. CONCERNS OVER CONSULAR PROCESSING DELAYS The announcement also raises questions about the operational capacity of U.S. consulates overseas, many of which continue to face substantial visa appointment backlogs and staffing challenges. If a larger number of employment-based applicants are required to leave the U.S. for immigrant visa inter- views abroad, consular wait times could increase further. Applicants may also face prolonged administrative processing or delays in visa issuance, potentially leaving workers and their families stranded outside the United States for uncertain periods. Such disruptions could affect not only immigrants themselves, but also U.S. employers who depend on highly skilled foreign workers in industries such as tech- nology, healthcare, engineering, and research. INCREASED DISCRETION FOR IMMIGRATION OFFICERS Another notable aspect of the memorandum is the broader discretion granted to both USCIS officers and consular officials abroad. The policy directs officers to review applications indi- vidually and consider “all relevant factors and informa- tion” when determining whether adjustment of status should be permitted from within the United States. Greater discretionary authority may lead to increased uncertainty for applicants, particularly in employment- based cases where outcomes could vary depending on how officers interpret “extraordinary circumstances.” For decades, adjustment of status has provided a stable pathway for skilled workers to transition from tem- porary visas to permanent residence without interrupting their employment or uprooting their families. Greater discretionary authority may lead to increased uncertainty for applicants, particularly in employment-based cases where outcomes could vary depending on how officers interpret “extraordinary circumstances.” (The writer is a Silicon Valley-based immigration attorney and CPA specializing in domestic and international corporate tax plan- ning. Views expressed are personal. He can be reached at bha- tia@bhatiaco.com ) -Used under special arrangementwith South Asia Monitor By Neeraj Bhatia US Immigration Policy Change Could Adversely Affect Indians, South Asians Seeking Employment-Based Green Cards PHOTO:REPRESENTATIONAL PHOTO/ SAM A n Illinois man of Indian origin was sentenced in federal court May 21, 2026, to 15½ years in prison without parole for taking part in an elder fraud conspiracy in which victims liquidated savings and retirement accounts to buy gold bars, coins, and cash. Twelve victims identified to date lost over $6 million in the scheme, a press release from the U.S. Attorney’s Office, Western District of Missouri, said. Syed M. Makki, 38, a citizen of India, acted as a courier for the conspiracy, in which he picked up gold bullion and cash from victims throughout the country and delivered it to co-conspirators. United States District Judge Greg Kays also ordered Makki to pay $4,754,000 in restitution and ordered forfeiture of the gold bars, plus a money judgment. From 2023 through March 31, 2024, conspirators put malware on people’s computers with a phone number to call. When the victims called, they falsely represented themselves as ‘Microsoft’ employees, banking officials, government employees, and law enforcement officers. The conspirators convinced the victims, who were elderly, that their identities had been compromised, and that their money was not safe in banks. Having established relationships with the victims, who ranged in age from 61 to 80 years old, the perpetrators had the victims liquidate bank and retirement accounts and buy gold bullion in the form of gold bars or gold coins with the pro- ceeds. When the gold was delivered to the victims’ houses, conspirators directed the victims to provide the gold for ‘safekeep- ing’ to a co-conspirator, including Makki. Sometimes conspirators instructed the victims to package the gold and ad- dress it to the ‘Department of Justice’ in the name of a specific person, to further the false impression that victims were dealing with trustworthy officials. Makki and others picked up the gold or cash and then transported it across state lines to co-conspirators. On March 25 and 26, 2024, Makki picked up 16 gold bars, weighing one kilo- gram apiece and worth more than $1 mil- lion, from victims in Littleton, Colo. and Kansas City, Mo.. On March 27, 2024, he transported the gold bars to Ill. to deliver them to co-conspirators. That date, he was arrested in possession of the gold bars by a Morgan County, Ill., Deputy Sheriff and an Illinois State Highway Patrol Sergeant. Indian Resident Of Illinois Sentenced For Elder Fraud Conspiracy Involving Gold Bars By a StaffWriter