USCIS has issued a sweeping new policy memorandum (PM-602-0199) that reshapes the default pathway to a green card for many foreign nationals already in the United States. Issued on May 21, 2026 and effective immediately, the guidance applies to all pending and future adjustment of status (AOS) applications.
The core change. The memo reframes adjustment of status under INA Section 245 as an “extraordinary form of relief” rather than an automatic entitlement. Under the new approach, foreign nationals on temporary visas who decide to pursue permanent residence are, except in narrowly defined “extraordinary circumstances,” expected to depart the United States and complete the process through consular processing at a U.S. embassy or consulate in their home country, coordinated with the Department of State.
Who is most affected. The policy reaches a broad range of nonimmigrants, including F-1 students, B-2 visitors, and many other temporary categories who had planned to file Form I-485 from within the country.
An important exception for dual-intent visas. The memo signals that the new default may be less applicable to dual-intent categories such as H-1B and L-1 (and their H-4 and L-2 dependents), where pursuing adjustment of status is not inconsistent with maintaining temporary status. This is a meaningful distinction for the employment-based community: many EB-2, NIW, and EB-1A applicants hold H-1B status, and dual intent has long been a recognized feature of that classification.
What applicants should do. Anyone currently in AOS or planning to file should review their visa category against the new guidance and assess whether consular processing is now the expected route. Because the memo is effective immediately and applies to pending cases, timing and strategy decisions should be made carefully, ideally with up-to-date legal guidance, since departing the U.S. for consular processing carries its own risks around travel, prior unlawful presence, and re-entry.
Need help with your immigration petition? Visit QuickFiling.us for AI-guided NIW and EB-1A petition preparation.
Source: X (Twitter) @USCIS