USCIS Update on Adjustment of Status 

You may have seen reports about a new USCIS policy memo issued on May 21, 2026, regarding Adjustment of Status (green card applications filed in the U.S.). We want to briefly explain what this means for you. 

There is no change to the law or eligibility requirements for adjustment of status. However, USCIS is emphasizing that approval is not automatic and remains discretionary. 

• USCIS officers are being instructed to apply more scrutiny and weigh positive and negative factors more carefully 

• Adjustment of status is being framed as an exception to consular processing, rather than the default pathway 

• Even applicants who meet all requirements may be denied based on discretionary factors 

• Most applicants in valid status (e.g., H-1B, L-1) with clean records remain well-positioned 

• Cases with issues (e.g., status gaps, unauthorized employment, prior violations, or inconsistent intent) may face increased scrutiny 

• Careful case preparation and documentation of positive factors will be more important than ever 

We are already adjusting our strategy to: 

• Proactively address any potential risk factors 

• Strengthen discretionary arguments in filings 

• Ensure thorough, well-documented applications 

At this time, there is no need to delay planned filings, but thoughtful preparation is critical. If you have specific concerns about your case, please feel free to reach out. Please note that this is the information currently available to us. We will continue to monitor developments closely and will keep everyone updated as additional guidance, clarification, or implementation details are released by USCIS