USCIS Tightens I-485 Adjustment of Status Scrutiny New Interview Questions, RFEs, and Growing Concerns for F-1, H-1B, NIW & EB-5 Applicants

After the USCIS memorandum on I-485 Adjustment of Status (AOS) was released on May 21, some applicants have reportedly already begun experiencing changes during their green card interviews.

According to updates shared within the American Immigration Lawyers Association (AILA), USCIS officers have started asking applicants questions such as:

• Why did you apply for AOS instead of Consular Processing?

• Are there any factors that would prevent you from pursuing CP?

• Do you have any family still living there?

• Why did you decide not to return to your country when your period of authorized stay expired?

Some applicants have also reportedly received RFEs (Requests for Evidence) asking for tax returns, employment history, and other supporting documents related to maintaining lawful status.

As a result, many immigrants and international students are now asking:

• Is USCIS restricting I-485 Adjustment of Status applications?

• Will pending I-485 cases be affected?

• Are F-1 students, OPT holders, and B visa holders now at higher risk?

• Can H-1B, L-1, O-1, or E-2 holders still apply for Adjustment of Status inside the U.S.?

• Can applicants still file NIW or EB-5 petitions from within the United States?

The recent USCIS memo mainly re-emphasizes one key point: Adjustment of Status (I-485) is not a guaranteed legal right. Instead, USCIS considers it an “extraordinary act of administrative grace,” meaning immigration officers retain broad discretionary authority when deciding whether to approve a green card application filed inside the United States.

USCIS also reiterated that Consular Processing remains the traditional and preferred immigration pathway — where applicants complete their immigrant visa process abroad before entering the United States as permanent residents, rather than entering on a temporary visa and later adjusting status domestically.

Under this framework, immigration officers may weigh both “positive factors” and “negative factors” when reviewing I-485 applications.

Potential negative factors may include:

• Visa overstays

• Unauthorized employment

• Criminal records

• Marriage fraud or immigration misrepresentation

• Public charge concerns

• Prior violations of U.S. immigration laws

• Evidence of strong immigrant intent inconsistent with a nonimmigrant visa category

For example, USCIS may more closely scrutinize applicants who entered on a tourist visa and quickly pursued immigration pathways such as asylum, marriage-based green cards, or student status changes.

Positive factors may include:

• Long-term lawful maintenance of status

• Consistent SEVIS compliance for F-1 students

• Strong tax filing history

• No gaps in immigration status

• Immediate family ties to U.S. citizens or green card holders

• Community involvement and good moral character

• Contributions to U.S. national interests or economic growth

Impact on Different Visa Categories

B-1/B-2 Tourist Visa Holders

Tourist visa holders may face the most significant increase in scrutiny under the new I-485 policy environment.

USCIS appears increasingly concerned about applicants who enter the U.S. on short-term visitor visas while already intending to immigrate permanently.

Higher-risk situations may include:

• Marrying shortly after entering on a B visa

• Filing I-485 soon after arrival

• Entering as a tourist but immediately starting an immigration process

• Using a temporary visa despite having a clear long-term immigration plan

Even waiting beyond the traditional “90-day rule” may no longer fully protect applicants from immigrant intent concerns.

F-1 International Students and OPT Holders

F-1 students may also face increased scrutiny during Adjustment of Status reviews.

USCIS could pay closer attention to:

• Genuine academic enrollment

• Full-time student status maintenance

• Unauthorized employment

• CPT/OPT compliance

• School attendance legitimacy

• Whether the applicant entered the U.S. with pre-existing immigrant intent

H-1B, L-1, O-1, and E-2 Potential Applicants

Many people assume that “dual intent” protections automatically shield H-1B and L-1 holders from risk. However, even dual-intent visa holders may still face discretionary scrutiny during the I-485 process.

USCIS may continue reviewing:

• Lawful status maintenance

• Overstay history

• Immigration violations

• Criminal issues

• Unusual immigration strategies or inconsistent visa usage

O-1 and E-2 visas, which are not fully recognized as traditional dual-intent categories, may face even greater scrutiny moving forward.

Importantly, the policy shift mainly affects Adjustment of Status (I-485), not immigrant petition eligibility itself.

In many cases, applicants may still successfully obtain approval of immigrant petitions such as I-140 or I-526E, but be required to complete their green card process through NVC and consular processing instead of inside the United States.

For example: I-140 / I-526E approved → I-485 denied → Case transferred to NVC → Immigrant visa interview abroad → Re-enter the U.S. with an immigrant visa.

What Pending I-485 Applicants Should Know

For applicants with pending I-485 cases, many immigration attorneys currently believe there is no indication that USCIS will broadly suspend or automatically deny existing cases.

However, applicants are generally advised to:

• Continue maintaining valid nonimmigrant status whenever possible (H-1B, F-1, L-1, etc.)

• Avoid unnecessary international travel

• Prepare proactively for potential RFEs

• Strengthen evidence of lawful residence, tax compliance, education, employment, and family ties

F-1 students in particular should carefully consider the risks of relying solely on a pending I-485 for lawful stay. Although applicants may still apply for Employment Authorization (EAD) and Advance Parole (AP), using these benefits could terminate underlying F-1 status. If the I-485 is later denied, applicants could lose flexibility to remain in the U.S. or switch status domestically.

Applicants Outside the United States

For applicants abroad, Consular Processing through the National Visa Center (NVC) and U.S. consulates may become the safer long-term strategy.

EB-1, NIW, and EB-5 applicants may benefit from ensuring that their visa history, travel intent, and immigration strategy remain fully aligned to avoid immigrant intent concerns in the future.

Families with international students are also encouraged to begin long-term immigration planning at least 1–2 years before OPT expiration to avoid falling into status gaps or H-1B lottery uncertainty.

Some Positive Signals Remain

Despite growing concerns around I-485 Adjustment of Status, USCIS spokesperson Zach Kahler recently indicated that applicants whose cases clearly serve U.S. national interests or economic interests may still continue using existing immigration pathways.

This may especially benefit NIW applicants, researchers, graduate students, PhD holders, and EB-5 investors whose cases involve contributions to the U.S. economy or national interest.

For EB-5 investors in particular, the program’s job creation and economic impact components may remain favorable factors under future USCIS discretionary review standards.

However, future policy implementation, adjudication trends, and officer discretion remain uncertain and should continue to be monitored closely.

One Additional Concern: Potential Consular Backlogs

If more I-485 applications are denied or redirected toward NVC and Consular Processing, significant visa interview backlogs could emerge in overseas consulates.

Currently, NVC-to-consulate interview scheduling may take approximately 3–6 months under normal conditions. However, increased case volume could potentially extend wait times to 6–12 months or longer.

For applicants already living and working in the United States, prolonged overseas waiting periods could significantly affect employment, family stability, children’s education, and financial planning. At this stage, many details surrounding USCIS I-485 policy implementation remain unclear.

Applicants should avoid making major immigration decisions — including international travel, Adjustment of Status filing strategies, or abandoning valid nonimmigrant status — without first consulting a qualified immigration attorney.