USCIS issued Policy Memo PM-602-0199 this week, causing widespread concern among immigrants and employers regarding the Adjustment of Status (AOS) process for skilled professionals seeking National Interest Waiver (NIW) and EB-1A green cards. The memo emphasizes that AOS is considered “extraordinary” relief and is subject to discretion, reinforcing that consular processing is the expected default.
Key Details:
- AOS is treated as discretionary relief, not meant to replace consular processing.
- Choosing AOS over departing the U.S. is viewed as an “adverse factor” requiring strong justification.
- The memo acknowledges dual intent for H-1B and L-1 visa holders, but maintaining this status alone does not guarantee favorable discretion.
- For H-1B professionals with an approved I-140, work status remains unaffected, but consular processing may be required when priority dates are current.
The memo indicates that USCIS will review various pathways for discretionary AOS and may provide further guidance specific to employment-based categories. This shift may primarily impact applicants with clean immigration histories and well-documented petitions, necessitating careful planning for potential consular processing.
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Source: Lumin Bridge Law PLLC