USCIS has issued a new policy memorandum and press release emphasizing that Adjustment of Status is an “extraordinary” form of relief, reaffirming its preference for traditional consular processing. This announcement could significantly impact employment-based immigrants seeking permanent residency in the U.S.
Key Details:
- USCIS will place greater emphasis on discretionary review during the I-485 Adjustment of Status process.
- Areas of increased scrutiny may include maintenance of lawful status, prior immigration violations, and unauthorized employment.
- The legal requirements for EB-1, EB-2, EB-2 NIW, and EB-3 petitions remain unchanged.
- Applicants are generally encouraged to pursue immigrant visas through consular processing, though Adjustment of Status eligibility is not eliminated.
This development is particularly relevant for professionals seeking permanent residence through EB-2 National Interest Waivers, employer-sponsored EB-2 and EB-3 petitions, and EB-1 classifications. Employers, foreign nationals, and immigration practitioners should closely monitor how USCIS applies this guidance in future adjudications.
Need help with your immigration case? Visit QuickFiling.us
for professional immigration services.
Source: StartSmart Counsel, PLLC