On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, reaffirming that the Adjustment of Status (Form I-485) is a discretionary immigration benefit rather than an entitlement. Historically, this process has provided eligible individuals the opportunity to apply for permanent residence while remaining in the United States, unlike the traditional immigrant visa process available at U.S. consulates abroad.
This memorandum does not introduce new eligibility criteria or restrict declarations for adjustment of status. Instead, it emphasizes that USCIS officials hold extensive discretion when adjudicating these applications. This underscores a long-standing legal principle: cases may be denied even if applicants technically meet eligibility requirements.
The memo suggests that USCIS plans to exercise significant discretionary oversight, particularly when an applicant’s behavior raises concerns about their compliance with the conditions of temporary admission, parole, or nonimmigrant status. Factors such as maintaining legal status, unauthorized employment, overstays, immigration violations, adherence to entry conditions, and indications of immigrant intent are highlighted as key considerations.
Increased Scrutiny for Certain Categories
USCIS is expected to enhance its scrutiny over specific groups, including:
- F-1 students, especially if there are worries regarding immigrant intent at entry, rapid shifts to the permanent residency process, violations of status, first-day CPT arrangements, or unauthorized employment.
- Applicants seeking parole-based adjustments, particularly those using it as a substitute for traditional consular processing.
- Individuals with status violations, including unauthorized employment and overstaying.
- Cases where there may be perceived biased immigrant intent, especially in categories not recognizing dual intent.
- Those whose actions conflict with their original admission purpose, notably failing to leave the country after fulfilling their admission or parole requirements.
Categories with Minimal Impact
Certain categories appear to have a favorable position under the memorandum:
- H-1B and L-1 Nonimmigrants: USCIS acknowledges that dual-purpose classifications can align with the adjustment of status process.
- Employment-based applicants, such as TN, O-1, E-3, H-1B, and E-2 visa holders, who maintain ongoing legal status will be scrutinized but are still in a stronger position, particularly those with a solid immigration track record.
- Immediate relatives of U.S. citizens will continue to benefit from existing legal exemptions for certain status violations.
- Humanitarian categories, including refugees, asylum seekers, VAWA-based applicants, and Special Immigrant Juvenile (SIJ) applicants, remain protected under legal mandates.
- Other categories that include mandatory adjustments.
Implications for Employers
Employers sponsoring foreign nationals should take several practical considerations into account:
- Maintain thorough documentation of employees’ legal status and employment authorization history.
- Evaluate the timing of permanent resident applications for F-1 students and other classifications that lack dual-purpose status.
- Consider transitioning employees to H-1B or other dual-purpose categories to mitigate adjustment-related risks.
- Prepare for the likelihood of increased requests for evidence (RFEs), notices of denial (NOIDs), and broader discretionary examinations during the I-485 adjudication process.
This memorandum primarily reiterates USCIS’s established position that adjustment of status is discretionary and cannot be guaranteed solely based on meeting basic eligibility requirements. Although it does not eliminate adjustment eligibility for employment-based applicants, it indicates a potential for heightened scrutiny, particularly for those whose immigration histories suggest inconsistencies with temporary admission or parole intents.
As outlined in the Immigration and Residency Management Act, adjustment of status provides an alternative to overseas consular processing, suggesting future litigation may arise. Applicants must exercise caution during the application process, ensuring compliance with all intent provisions and adhering to nonimmigrant visa conditions, which often require maintaining a non-abandoned foreign address.
