U.S. Citizenship and Immigration Services (USCIS) has issued a new memorandum stating that adjustment of status (AOS) under Section 245 of the Immigration and Nationality Act (INA) will now generally require applicants to undergo consular processing outside the United States. This policy shift, announced on May 21, 2026, affects all individuals seeking to transition from temporary nonimmigrant status to permanent resident status, including H-1B and L-1 visa holders.
Key Details:
- The new guidance emphasizes that AOS is a discretionary process and does not replace regular consular processing for immigrant visas.
- H-1B and L-1 visa holders must typically return to their home countries to obtain immigrant visas, shifting the default process from domestic AOS (Form I-485) to consular processing.
- Applicants may only file Form I-485 if they can demonstrate “extraordinary circumstances,” which will be evaluated on a case-by-case basis by USCIS officers.
- The administration is narrowing the discretion previously available under Section 245(a), impacting the ability of temporary visa holders to remain in the U.S. while waiting for a green card.
This policy change could significantly affect the pathways for many immigrants seeking permanent residency in the U.S. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: 1Point3Acres User