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DHS Calls Green-Card Guidance Clarification, Employers Warned

5/31/2026

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Summary

Story summary

DHS said the May 22 USCIS green-card guidance merely clarifies long-standing discretionary authority, not a sweeping new rule.
DHS added the policy will be applied case-by-case and will not affect highly qualified applicants who have complied with the law.
Immigration lawyers warned the guidance could burden applicants and spark lawsuits.
The U.S. Chamber of Commerce said the guidance could disrupt employers relying on skilled immigrant workers.

History

Historical Context

President Lyndon B. Johnson signed the Immigration and Nationality Act on Oct 3 1965, ending the National Origins Formula and establishing a family- and skill-based preference system with a 120,000 annual cap for the Western Hemisphere. The law doubled immigration by 1970 and shifted arrivals toward Asia and Africa, a trend that underpins today’s DHS/USCIS guidance and related industry concerns.

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Story summary

DHS said the May 22 USCIS green-card guidance merely clarifies long-standing discretionary authority, not a sweeping new rule.
DHS added the policy will be applied case-by-case and will not affect highly qualified applicants who have complied with the law.
Immigration lawyers warned the guidance could burden applicants and spark lawsuits.
The U.S. Chamber of Commerce said the guidance could disrupt employers relying on skilled immigrant workers.

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