In one of the most consequential immigration policy shifts of 2026, USCIS has issued a policy memorandum declaring that it will grant adjustment of status (AOS) inside the United States only in “extraordinary circumstances.” The change, set out in Policy Memorandum PM-602-0199 dated May 21, 2026, reframes AOS as a discretionary and exceptional measure rather than a routine path to a green card for applicants already in the U.S.
What the memo says. Under USCIS’s stated interpretation of longstanding immigration law, the agency now takes the position that most applicants are expected to depart the United States and complete immigrant visa processing at a U.S. consulate abroad (consular processing). Officers are directed to evaluate whether a particular case warrants adjudication inside the U.S. or whether consular processing is more appropriate, and applicants are expected to demonstrate that granting AOS is in the best interest of the United States.
Important nuances. This is not a blanket bar on adjustment of status. Applicants who qualify for AOS — including those in dual-intent categories such as H-1B and L-1 — may still file their applications with USCIS. Critically, USCIS has not yet defined what counts as “extraordinary circumstances,” and the agency has signaled that further guidance is expected. That ambiguity is itself a source of concern for applicants and practitioners, because adjudication now turns on an officer’s discretionary judgment rather than a clear, predictable standard.
Who is affected. The policy touches a broad swath of green card applicants — including employment-based applicants in the EB-1, EB-2 (NIW), and EB-3 categories who had planned to adjust status from within the U.S. While dual-intent visa holders retain the ability to file, the heightened discretionary scrutiny and the possibility of being redirected to consular processing introduce new uncertainty, potential delays, and added cost (international travel and consular interviews) into what was previously a well-trodden domestic process.
What applicants should do. If you have a pending or planned adjustment of status, consult a qualified immigration attorney about how this memo applies to your category and timeline, whether your case presents a strong discretionary argument, and whether consular processing may be the more reliable route. Watch for the promised follow-up guidance, which should clarify how officers will apply the “extraordinary circumstances” standard in practice.
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Source: LinkedIn - Cozen O’Connor