One of our clients, a Chinese fintech executive on an H-1B visa, recently approached us with concerns about delays and potential denials in his EB-1C green card petition, amid reports of heightened scrutiny on green card applications and family sponsorships. This situation is not unique. From our practical experience, USCIS has indeed intensified the review process, especially focusing on evidence authenticity and eligibility criteria compliance, as outlined in 8 CFR §204.5(k) and further detailed in the USCIS Policy Manual, Volume 6.

For H-1B holders aiming to transition to permanent residency, this means an increased likelihood of Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs), particularly for EB-1C and EB-2 NIW categories commonly used by senior corporate managers and investors. For example, last year we handled 30 EB-1C cases, and 6 of them received RFEs specifically challenging the managerial capacity evidence or the qualifying relationship between parent and subsidiary companies. This aligns with USCIS’s emphasis on corporate structure validation and job duties substantiation.

Regarding family sponsorship, permanent residents sponsoring parents should be aware that USCIS now applies a more rigorous vetting process on financial support affidavits and identity verification. While this policy change does not alter eligibility requirements under INA §204(l), it demands more meticulous documentation to avoid delays or denials.

Attorney Insight
Based on our casework, we recommend two immediate actions for clients in these categories: 1) Conduct a detailed audit of all petition materials to ensure compliance with CFR requirements, including up-to-date organizational charts, payroll records, and detailed job descriptions matching SOC Codes on Form I-129 (see 8 CFR 214.2(l)(1)(ii)(C)); 2) Utilize premium processing for petitions eligible under this service to shorten USCIS adjudication time. For example, one recent client who upgraded his EB-1C petition to premium processing saw adjudication within 15 calendar days instead of the usual 6-8 months.

From an employer’s perspective, HR departments should prioritize early preparation of Labor Condition Applications (LCA) and maintain clear records of inter-company transfers, which are critical for L-1 and EB-1C petitions. We have observed that delays in LCA filings often cascade into green card processing delays.

Attorney Insight
Finally, for those concerned about the increased scrutiny leading to potential denials, we advise exploring alternative visa pathways such as O-1 or adjusting to EB-2 NIW routes where evidence requirements differ. Our firm has successfully assisted clients pivoting to these categories with minimal disruption.

In summary, heightened USCIS scrutiny calls for meticulous preparation, strategic use of premium processing, and flexibility in visa planning. Taking proactive steps now can significantly improve chances of smooth adjudication.

This means you should immediately review your current petitions for completeness, coordinate with your HR to ensure all evidence aligns with USCIS expectations, and consider premium processing if applicable. Doing so will help you stay ahead of potential delays and preserve your immigration timeline.