The United States Citizenship and Immigration Services issued a new Policy Memorandum on May 21, 2026, directing adjudicating officers to apply heightened scrutiny when evaluating adjustment of status applications. The memorandum emphasizes that granting an adjustment of status is an act of “administrative grace” and should be considered “extraordinary,” as it allows non-citizens to obtain lawful permanent resident status without leaving the country.
The policy memo instructs officers to exercise greater discretion under the Immigration and Nationality Act, redefining how they weigh positive and negative factors in each application. While statutory eligibility requirements remain unchanged, the memo shifts the default presumption regarding eligibility, making approval less automatic even after technical criteria are met. Officers are now directed to consider all factors cumulatively before determining whether positive aspects outweigh negatives.
A spokesperson for USCIS, Zach Kahler, said, “We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes.”
Following publication of the memo, USCIS clarified its approach: “While we work to operationalize this, people who present applications that provide an economic benefit or otherwise are in the national interest will likely be able to continue on their current path while others may be asked to apply abroad depending on individualized circumstances.”
All eligible non-immigrants applying for adjustment of status are impacted by this change. Those holding dual-intent visas such as H-1B or L-1 may still face scrutiny but could be less affected than holders of other temporary statuses like F-1 or B-2 visas. The implementation may result in delays for employers seeking permanent residency for employees and increased uncertainty or travel risks for applicants required to pursue consular processing abroad.
There remains significant uncertainty about how this policy will be applied in practice until specific cases are evaluated under these guidelines. Legal challenges may arise as companies and individuals adjust their strategies based on this development.
