USCIS Memorandum May 2026: Stricter Discretionary Review Means Not Everyone Gets Green Card via AOS

USCIS is intensifying its scrutiny of Adjustment of Status (AOS) applications, according to a Jackson Lewis analysis of the agency's evolving policy posture. The shift marks a significant departure from the relatively administrative review process that has historically governed I-485 adjudications, introducing a more expansive use of discretionary authority that could affect thousands of pending and future applicants. Under the updated approach, USCIS officers are being given broader latitude to deny AOS petitions even when an applicant meets all statutory eligibility requirements. This discretionary authority—long present in immigration law but rarely exercised in straightforward employment-based cases—means that factors such as prior immigration violations, gaps in lawful status, or conduct deemed contrary to the national interest could now weigh against approval. For EB-3 applicants, the implications are particularly notable. Workers who have been in the U.S. for years awaiting priority date movement may now face heightened review of their entire immigration history at the I-485 stage. Those who have traveled abroad, changed employers, or had any status complications during their wait are advised to consult with immigration counsel before filing or attending adjustment interviews. The policy also appears to expand the circumstances under which USCIS may refer applicants to consular processing rather than approving AOS domestically. This adds cost, delay, and risk—particularly for nationals from countries with complex consular environments. Immigration attorneys are advising EB-3 petitioners to proactively document lawful presence, maintain consistent employment authorization, and prepare thorough records addressing any potential discretionary concerns before submitting I-485 applications under this stricter review framework.