USCIS Memorandum May 2026: Not Everyone Gets Green Card via Adjustment of Status

On May 21, 2026, USCIS released Policy Memorandum PM-602-0199, formally reaffirming that adjustment of status—the process of obtaining a green card from within the United States via Form I-485—is a discretionary benefit, not an entitlement. The memo does not create new eligibility rules or ban adjustment filings, but signals that officers will apply stricter discretionary scrutiny going forward. The memorandum identifies several groups likely to face increased scrutiny: F-1 students (especially those with Day-1 CPT or rapid transitions to permanent residence), parole-based adjustment applicants, individuals with status violations such as overstays or unauthorized employment, and those who may have entered with preconceived immigrant intent in non-dual-intent visa categories. For employment-based applicants—including EB-3—the memo offers some clarity. H-1B and L-1 holders are explicitly acknowledged as dual-intent classifications and are comparatively better positioned. However, TN, O-1, E-3, and E-2 holders may face additional scrutiny and should monitor developments closely with their employers and legal counsel. Employers sponsoring foreign nationals for permanent residence should take proactive steps: maintain thorough documentation of lawful status and employment authorization, carefully time green card filings for non-dual-intent visa holders like F-1s, consider transitioning employees to H-1B status, and prepare for a higher volume of RFEs and Notices of Intent to Deny. Legal experts anticipate litigation will follow, as adjustment of status is explicitly authorized under the Immigration and Nationality Act as an alternative to consular processing abroad. In the meantime, applicants must remain fully compliant with the terms of their nonimmigrant visas, including maintaining an unrelinquished foreign domicile where required.