President Trump's proposal to grant green cards directly to foreign students graduating from U.S. universities signals a possible shift in U.S. immigration policy, particularly with respect to attracting highly educated talent to remain in the United States. Based on our practical experience, this is highly significant for our client base of corporate executives and investors from China.
First, for multinational corporate executives who come to the United States on L-1 visas, and for senior managers seeking EB-1C green cards, if they have graduated from a U.S. university and this policy is implemented in the future, it may be possible to bypass the traditional PERM labor certification and the cumbersome employer sponsorship process. 8 CFR § 204.5(k) expressly requires that an EB-1C applicant's petition be filed by an employer with supporting evidence, and this measure could offer eligible individuals a more convenient path to adjustment of status.
Last year, when we handled an extension for an L-1A executive working at a fintech company in New York, we encountered an RFE resulting from insufficient evidence of the company's size and the executive's managerial responsibilities. Had that client or their dependents held a degree from a U.S. institution, they could in the future rely on this type of policy to improve the likelihood of approval and shorten the green card wait time under the Visa Bulletin.
For EB-5 investors, although this policy is not directly aimed at investment-based immigration, if their family members have a background of graduating from a U.S. university, they may also enjoy more favorable adjustment of status opportunities in the future. We advise clients to organize their educational documentation early, such as official transcripts, diplomas, and authoritative credential evaluation reports, to ensure they can satisfy the policy requirements at the earliest opportunity.
Based on our study of the USCIS Policy Manual and our years of case experience, if this type of policy is formally implemented, it will greatly simplify the status conversion process for certain high-net-worth clients and reduce the time and financial costs associated with the Visa Bulletin and requests for additional evidence. We predict that related implementing regulations may be gradually issued within the next two years, at which point employers should promptly adjust their talent recruitment and status maintenance strategies.
What does this mean for you? If you or your dependents hold a U.S. university degree, be sure to prepare the relevant supporting documents as soon as possible and maintain communication with your legal team to assess whether you can use this new path to plan a green card application in advance and avoid the wait-time bottleneck of traditional employer sponsorship. For employers, it is also worth re-examining talent recruitment policies to make the greatest possible use of the policy's benefits. Seizing this potential opportunity can help make your long-term development in the United States more stable and more efficient.