Bárbara Wong

A recent policy memo issued by the U.S. Citizenship and Immigration Services (USCIS) has sparked significant concern among immigration advocates, attorneys and immigrant families. While the memo does not change the law, many fear it could make it harder for certain immigrants to obtain green cards without leaving the United States. The guidance, released on May 21, 2026, focuses on a process known as adjustment of status.

Layoffs can be particularly stressful for workers on H-1B visas because their legal status in the United States is tied to their employment. When a job ends, the immigration consequences can be immediate and complex. However, H-1B workers who lose their jobs still have several options to remain in the United States or maintain lawful status while seeking new opportunities. Understanding these options is crucial to making informed decisions during an uncertain time.

For U.S. employers and international professionals, the H-1B “cap season” is the most critical window of the year. The process for the Fiscal Year (FY) 2027 cycle introduces significant regulatory shifts, including a move toward wage-based prioritization and substantial new filing fees.