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Immigration Digest: AOS Scrutiny, H-1B Layoffs, and EB-2 Delays

A perfect storm of shifting bureaucratic rules, aggressive tech restructuring, and exhausted visa caps is making it significantly harder for foreign professionals to stay on track in the U.S. Here is what you need to know this week.

USCIS tightens Adjustment of Status reviews

USCIS last week issued a memorandum changing how officers review Adjustment of Status applications from people already in the United States. The agency stressed that AOS is a discretionary benefit, not an automatic right, and said officers should weigh whether an applicant could instead complete the green-card process through a US consulate abroad.

The memo also calls for a broader review of an applicant’s immigration history. Officers are instructed to look at factors such as unauthorized employment, prior status violations, and the circumstances of the applicant’s entry into the US.

For applicants, the change could mean more scrutiny, longer review times, and a higher risk that in-country processing is questioned. The update is especially important for people whose ability to remain in the US depends on a pending green-card case.

Tech layoffs add pressure on H-1B workers

AI-related restructuring and broader tech layoffs at Meta, Amazon, and Oracle are creating new uncertainty for H-1B workers, many of whom have limited time to remain in the US after losing a job. Workers on H-1B visas typically have up to 60 days after a layoff to find a new sponsoring employer, change status, or leave the country.

The pressure is particularly acute for Indian workers, who make up a large share of approved H-1B petitions and often face long green-card backlogs. A layoff can affect not only the worker but also spouses and children on dependent visas, along with housing, school, and relocation plans.

Layoffs.fyi has tracked more than 110,000 tech job cuts in 2026. For foreign workers, the job market does not always move fast enough to match immigration deadlines.

EB-2 visa quota exhausted for India

The State Department said on May 26, 2026, that all available EB-2 immigrant visas for applicants chargeable to India had been used for the fiscal year. As a result, US embassies and consulates cannot issue additional EB-2 visas to Indian applicants until the next fiscal year begins on October 1, 2026.

The pause is tied to annual visa limits, including the 7% per-country cap under US immigration law. Indian applicants in the EB-2 category already face some of the longest employment-based green-card waits, and the exhaustion of visa numbers adds another delay for those near the final stage.

The announcement does not erase pending cases, but it does mean final visa issuance is paused until new numbers become available in the next fiscal year.

Takeaway

Last week’s updates show how narrow the margin has become for many employment-based immigrants. USCIS is signaling closer review of in-country green-card applications, H-1B workers remain tied to short job-loss deadlines, and Indian EB-2 applicants are blocked from final visa issuance until new numbers become available. The result is a system where timing matters more than ever, and where one change in job status, travel plans, or visa availability can reshape a case.

Not sure how these updates affect your case?  Get a free case evaluation to understand your options before making decisions about travel, job changes, Adjustment of Status, or visa strategy. This analysis provides applicants with a much clearer understanding of their standing, helping them make an informed, calculated decision regarding their next steps.

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Mark

Customer care specialist

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