In a covert effort, tech firms and the United States Chamber of Commerce have begun lobbying against a new USCIS memo that would require visa holders to apply for green cards at consular offices abroad.. the memo,issued last month, reaffirms that visa overstayers must return to their home countries to adjust status, a move that critics say undermines the captive labor benefits of programs like H‑1B.

USCIS Memo Restores “Original Intent” of Visa Law

According to the memo, under “long‑standing immigration law and immigration court decisions,” visa holders must apply to adjust status to a green card at consular offices outside the U.S. uSCIS spokesman Zach Kahler said, “We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly.” The policy would apply to any alien who is in the U.S. temporarily and wants a green card, except in extraordinary circumstances.

Tech Industry and Chamber Mobilize Behind the Scenes

Three people familiar with the discussions, speaking anonymously, said that prominent businesses, industry groups, and CEOs have held private conversations with the White House and the Departments of Homeland Security, Labor, and State. The lobbying effort, not previously reported, argues that the memo deviates from the original intent of the law and would reduce the need to find and remove those who remain in the U.S. illegally after being denied residency.

Impact on the H‑1B Labor Market

Critics claim the memo disrupts the captive labor benefit that employers enjoy in programs like the H‑1B visa program. By forcing visa holders to leave the country to apply for green cards, companies fear a loss of workforce continuity and increased costs. The advocacy group warned last week of the harm to their workforce and sought further guidance in their communication with officials.

Who Is the Unnamed Lobbying Force?

While the memo’s proponents are clear, the specific corporate names behind the lobbying push remain undisclosed. The United States Chamber of Commerce and unnamed tech firms are believed to be the primary drivers, yet no official statement has confirmed the identities of the companies involved.

What Uncertainties Remain?

Key questions linger:Will the White House reverse or modify the memo in response to the lobbying? How will the policy affect the number of H‑1B workers who transition to green cards? And what legal challenges might arise from the perceived shift in immigration law interpretation?