USCIS has announced a significant policy change regarding employment-based immigration, effective May 21, 2026. The new memo reclassifies Adjustment of Status as ’extraordinary relief,’ impacting H-1B, L-1, and other visa holders who will now be required to return to their home countries for consular processing instead of adjusting status domestically.
Key Details:
- Adjustment of Status now classified as ’extraordinary relief’ rather than standard procedure.
- In FY 2024, 58% of immigrants obtained permanent residence through domestic adjustment.
- H-1B, L-1, and other employment-based visa holders will be directly affected.
- Legal challenges anticipated due to questions about the policy’s validity under the Administrative Procedure Act.
This policy marks a drastic shift from decades of immigration practice and is expected to create significant delays at already burdened consular posts, affecting employers, individuals, and families navigating the employment-based immigration system.
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