On May 21, 2026, the U.S. Citizenship and Immigration Services (USCIS) released Policy Memorandum PM-602-0199, underlining the discretionary nature of Adjustment of Status (AOS) applications as outlined in Section 245 of the Immigration and Nationality Act (INA). Despite early headlines framing AOS as an “unusual form of relief,” the core provisions governing immigration law and eligibility remain intact. A USCIS spokesperson clarified on May 29, 2026, that this announcement represents no significant policy overhaul but serves as a reminder of the discretion exercised by officers during the review process.
This memorandum does not signal a nationwide halt in AOS processing. Applications demonstrating minor infractions or past arrests will continue to be evaluated and can still receive approval. Following the recent announcements, most applicants for AOS can expect minimal alterations in the progression of their cases.
Understanding Adjustment of Status
Adjustment of Status (AOS) allows eligible foreign nationals currently in the United States to obtain U.S. Lawful Permanent Resident (LPR) status, commonly referred to as a “green card.” Another pathway to LPR status is through “consular processing,” where applicants seek an immigrant visa at a U.S. consulate abroad. AOS primarily serves as the final step in employment-based permanent residency cases, wherein the individual files an application to adjust their status to LPR, making it the most prevalent route for those already living in the U.S.
While the subjective judgment of USCIS officers has always played a vital role in AOS adjudications, the memorandum from May 21 emphasizes the need for officers to more thoroughly consider both favorable and unfavorable factors in accordance with a “totality of circumstances” approach during the evaluation of a case. It is crucial to understand that the mere absence of negative factors does not assure acceptance of an AOS application.
Insights from the Recent Guidance
Officers are directed to conduct a comprehensive analysis of an applicant’s background in deciding whether AOS is warranted.
Positive considerations include:
- Strong family connections and responsibilities in the U.S.
- A demonstrated history of good moral character and community involvement
- A stable employment record and contributions to taxes and the economy
- Long-term residency, real estate ownership, or established business ties in the U.S.
Conversely, negative factors may comprise:
- Any instance of fraud, misrepresentation, or providing false information
- Unauthorized employment or violation of temporary nonimmigrant status
- Failure to adhere to admission or parole conditions
Implications for Employers
The memorandum clarifies that the processing and approval of AOS applications will continue as usual. For most sponsored employees, progressing AOS applications remains the most feasible option. This directive also confirms that AOS applications are compatible with dual-intent visas such as H-1B and L-1. However, it notes that possessing a dual-intent visa does not exempt applicants from discretionary assessment. Conversely, applicants on non-dual-intent visas (e.g., E, F-1, J-1, O-1, TN) may face increased scrutiny regarding their immigration intentions and related actions.
Strategic Planning for Employers
Employers should ensure they maintain comprehensive compliance documentation related to authorized employment and legal status. It’s crucial to prepare evidence that highlights positive traits while also addressing potential negative elements should any questions arise. Collaborating with an immigration attorney can provide insight into whether it would be more beneficial for applicants to pursue AOS or consider consular processing.
This evolving landscape in immigration underscores the importance of proactive strategies for employers and applicants alike, ensuring a smoother transition towards permanent residency.
