USCIS just issued a new policy memo titled "Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process." The memo indicates that adjustment of status will be seen as the exception instead of the rule, and that aliens, with few exceptions, are expected to return to their home country to go through the consular process in order to obtain their immigrant visa. USCIS website adds: "Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process. Following the law allows the majority of these cases to be handled by the State Department at U.S. consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall under its purview, including visas for victims of violent crime and human trafficking, naturalization applications, and other priorities. The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient." It is yet unknown whether categories like the National Interest Waiver (EB-2 NIW) will be added to the exception list when adjudicating adjustment of status, or what kinds of RFEs and NOIDs we can expect to see as a result of this policy memo. What we can say so far is that applicants will be expected to "prove" why consular processing would not be applicable or feasible in their situation. People choose adjustment of status over consular processing for a few reasons, convenience being the biggest factor. Another factor that people weigh is that consular processing is even more discretionary, and a denial at the consulate cannot be appealed. For those who were planning to adjust their status, be prepared for higher scrutiny, or even the possibility that you may need to go through a consulate abroad.

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Many people on social media (Reddit especially) are in awe when USCIS issues them an RFE questioning the second prong. They probably thought: "How come? I have hundreds/thousands of citations! That is more than enough!" Is it though? If 95% of your Prong 2 is about your publications and citations, and if those are downplayed by the officer, what else do you have to show them? Are you aware of what Prong 2 actually means and how Dhanasar was found well-positioned? SPOILER: it wasn't only through his publications and citations. Based on Google Scholar, Dr. Dhanasar had around 20 citations when his case was adjudicated (he now has 127). But if you look at the precedent decision, it was both his leading role in important projects AND the governmental interest in his specific research, supported by letters from NASA and AFRL, that made him well-positioned. His education, experience, and publications were just a fraction of the totality of evidence. This goes to show that when it comes to the second prong, publications and citations cannot be the only pillar of your petition, because if they are questioned, you won't have anything else to show. RFEs generally list several types of evidence considered when making a decision, including expert letters, media coverage, patents, letters of interest from U.S. parties, evidence that the work has influenced the field, a model of future activities, a professional or business plan, and evidence of progress in achieving the endeavor, among other types of documentation. Building a case is like building a house. You need several pillars and a solid foundation to make it stand.

Many people think that only STEM-related endeavors stand a chance in obtaining a green card through the EB-2 NIW visa category. But I wanted to share with you a case that was approved yesterday that desmistifies much of those misconcepts. Yesterday, one of Gewählt Law's client, an architect who just finished his master's degree in the U.S., received an approval after upgrading his EB-2 NIW petition to premium processing. So, how did he do it? SPOILER: with guidance and dedication to obtain very compelling evidence. The petitioner had a master's degree in architecture in the U.S. and is currently on OPT (Optional Practical Training). The problem he proposed to tackle was simple: across the country, there is often little functional differentiation between the architectural approaches used for schools, prisons, and city halls, despite the vastly different behavioral, cognitive, and operational needs of their users. His endeavor: to use AI to change the way governmental buildings are designed to optimize both energy performance (sustainablity) and human well-being. This shows that even during the Trump administration, you can still propose endeavors that contain sustainability aspects to it, as long as you frame it correctly. But the applicant did not fall short when it came to documentation. With the right guidance, he was able to: a) Apply for a provisional patent related to the endeavor, providing USPTO-verifiable independent evidence b) Reach out to a sitting Congressman, who agreed to sign an endorsement letter on his endeavor's national importance. c) Obtain a letter from a quasi-official governmental official (NY DOT). In his petition, the January 2025 Executive Order on Promoting Beautiful Federal Civic Architecture was cited by URL, tying his AI schematic generation system to its language about dignity, permanence, and beauty in public structures. All of this is to show that, with the right guidance and dedication, even non-conventional profiles can obtain a green card through the EB-2 NIW visa category!