USCIS issued Policy Memorandum (PM-620-1099) on May 22, 2026, announcing a significant change in the evaluation of Adjustment of Status applications. The memo defines Adjustment of Status as “extraordinary relief” that allows applicants to bypass the traditional consular visa process, emphasizing that it remains discretionary but may now be assessed under a new framework.
Key Details:
- The memo applies to INA § 245 Adjustment of Status applications, including employment-based I-485 applications.
- USCIS officers will evaluate applicants based on the totality of circumstances, including reasons for choosing Adjustment of Status over consular processing.
- Employers should review pending I-485 applications, especially for employees relying solely on Adjustment-based EAD.
- Applicants with prior status violations or criminal history should seek careful evaluation before filing.
This policy shift indicates that employment-based Adjustment of Status should not be seen as a mere formality following I-140 approval. Employers and foreign national employees are encouraged to reassess their green card strategies and ensure they maintain lawful status while documenting positive discretionary factors.
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Source: Pantz Immigration Law PLLC