On Could 21, 2026, U.S. Citizenship and Immigration Companies (“USCIS”) launched a coverage memo limiting the issuance of inexperienced playing cards based mostly on adjustment of standing to candidates demonstrating the necessity for extraordinary aid. The coverage memo states that adjustment of standing ought to be a discretionary measure, not an anticipated profit. Absent extraordinary circumstances, candidates searching for everlasting residency ought to comply with the normal consular visa course of of their dwelling nation.
The coverage memo applies to candidates who’re permitted to hunt immigrant visas overseas. The coverage memo doesn’t have an effect on candidates whose eligibility for adjustment of standing is ruled by non-discretionary provisions, comparable to refugees, nor does it limit the submitting of adjustment of standing purposes.
On Could 29, 2026, the New York Occasions reported {that a} Division of Homeland Safety (“DHS”) spokesperson offered further commentary, stating, “This was only a reminder to officers of their discretionary authority, which has all the time existed on a case-by-case foundation.” In accordance with the DHS spokesperson, the coverage is supposed to focus on international nationals who’ve overstayed their visa and people from nations with residents who rely closely on public help. The article goes on to state {that a} senior White Home official confirmed that the coverage memo was designed to handle routine housekeeping issues, to not sign a strategic administrative change.
Even so, it has been reported that immigration officers are actually asking candidates why they determined to use for adjustment of standing quite than search an immigrant visa of their dwelling nation. Immigration officers might apply discretion in adjustment of standing instances and steadiness each hostile and constructive components in a totality of the circumstances strategy. With a view to outweigh “hostile components” comparable to overstaying visas, fraudulent testimony in dealings with USCIS or making use of for adjustment of standing when consular processing is on the market, the applicant ought to be ready to exhibit “uncommon and even excellent equities.”
Sensible Takeaways
- Remind staff to take care of an underlying non-immigrant visa standing, comparable to H-1B (if attainable), till the I-485 software is accredited as an alternative of counting on an adjustment-based EAD for work authorization.
- Establish any staff in non-dual intent non-immigrant visa statuses (e.g., TN) to find out if submitting a change of standing to H-1B is feasible earlier than submitting for adjustment of standing.
- Be ready for workers to face elevated scrutiny and extra requests for proof in adjustment of standing instances.
Corridor Render’s Immigration Staff is intently monitoring these developments and might help you assess potential impacts. You probably have any questions or want help, please contact:
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