📰 USCIS Issues New Policy Guidance on Adjustment of Status Applications

On Friday May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a policy concerning adjustment of status applications filed by individuals seeking lawful permanent residence from within the United States. The new guidance reiterates that adjustment of status is a discretionary benefit and instructs USCIS officers to evaluate all relevant factors—both favorable and unfavorable—when deciding whether to approve an application. USCIS officers are reminded that applicants may instead be required to complete immigrant visa processing at a U.S. consulate abroad if the agency determines that adjustment of status is not warranted as a matter of discretion.

Importantly, adjustment of status remains fully available under current law as a legal pathway to permanent residence for eligible applicants already in the United States. The memorandum does not eliminate or suspend adjustment filings, nor does it prohibit USCIS from approving these applications. However, the memo suggests that USCIS may apply increased scrutiny to discretionary factors in adjustment cases moving forward. Factors that could receive closer review may include, among others:

• Prior immigration status violations

• Unauthorized employment

• Fraud or false testimony when dealing with USCIS or government agencies.

• Criminal or law enforcement history

• Conduct inconsistent with the purpose of a person’s nonimmigrant or parole status

• Entry to the United States in nonimmigrant status followed shortly by adjustment filing (preconceived intent issues)

• Other conduct USCIS may view negatively in the exercise of discretion

At the same time, USCIS may expect applicants to demonstrate stronger positive equities in support of approval, even in cases where adverse factors are minimal or absent. These may include:

• Family ties to the U.S., especially where separation would cause hardship

• Moral character of the applicant

• National interest considerations, including those applications that have an economic benefit (such as employment sponsorship, specialized skills, etc.)

• Amount of time applicant was in U.S. (school records, employment records, tax history, etc.)

Adjustment of status remains an important option because it allows eligible applicants to remain in the United States while their applications are pending and may provide access to related benefits such as employment authorization and advance parole travel authorization. At this stage, it is still unclear how broadly USCIS officers will apply the new guidance in practice. We anticipate that some cases could experience increased review, additional requests for evidence, interview scrutiny, or supervisory review while the agency implements this policy.

In addition, for those employees/applicants who are maintaining both their H-1B status as well as have an employment authorization document (EAD) to work, for the foreseeable future we believe it is advisable to keep these employees in their nonimmigrant status (especially H and L status since they are dual-intent nonimmigrant visa categories) to avoid potential issues with their adjustment of status applications moving forward.

Our office is closely monitoring developments and adjudication trends as additional information becomes available. We will continue to provide updates as USCIS releases further clarification regarding implementation of this policy memorandum. Please contact our office if you have any questions regarding how this guidance may affect your case or future immigration planning.