At a glance
- U.S. Citizenship and Immigration Services released a policy memo on the adjustment of status process that may affect Green Card applicants.
- The memo advised that consular processing abroad remains the standard immigration pathway.
- Immigration officials were directed to conduct a comprehensive discretionary review of adjustment applications.
- This update may create challenges for employers sponsoring foreign nationals for permanent U.S. residence.
- Conduct key steps, such as reviewing immigration history and maintaining clear documentation, to support application readiness.
Key takeaways from the adjustment of status policy update
The new guidance highlights several considerations relevant to adjustment of status adjudications:
- USCIS officers are directed to conduct a more comprehensive discretionary analysis of AOS applications.
- Meeting statutory eligibility requirements alone does not guarantee approval.
- Officers must evaluate the totality of an applicant’s circumstances, including both favourable and adverse factors.
- The memorandum appears to apply to both pending and newly filed applications.
The revised guidance also highlights increased attention to an applicant’s immigration history and intent at the time of entry to the United States.
Importantly, USCIS confirms that H-1B and L-1 dual intent classifications remain compatible with AOS. However, the memorandum notes that lawful status in a dual intent category does not, by itself, guarantee a favourable exercise of discretion.
Factors that may lead to increased USCIS scrutiny
USCIS indicates that the following issues may weigh negatively in adjudicative determinations:
- Prior status violations, including visa overstays or failure to maintain status.
- Unauthorized employment.
- Previous immigration violations.
- Misrepresentation or fraud concerns.
- Entering the United States temporarily while intending permanent immigration without appropriate disclosure.
Applicants presenting these issues may be subject to heightened review and should be prepared to address any adverse factors proactively.
Favourable factors USCIS may consider
The memorandum also confirms that officers may consider positive discretionary factors, including:
However, USCIS notes that favourable considerations may not outweigh serious immigration concerns in every case.
What the new adjustment of status guidance means for employers
This policy development may introduce additional uncertainty for employers sponsoring foreign nationals for U.S. permanent residence. Employers should anticipate the possibility of:
- Increased Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs).
- Longer processing times, in some cases.
- A possible shift toward consular processing abroad.
- Increased need for careful immigration and workforce planning, particularly around travel and work authorization continuity.
To mitigate any potential disruption, employers should consider:
- Reviewing permanent residence sponsorship timelines and overall immigration strategy.
- Monitoring employees’ underlying non-immigrant status.
- Ensuring immigration records and supporting documentation remain accurate and complete.
- Evaluating alternative immigration pathways where appropriate.
Key considerations for adjustment of status applicants
Individuals considering or pursuing AOS should carefully review their immigration history and ensure that any prior issues are fully disclosed and appropriately addressed. Documentation demonstrating compliance history and other favourable considerations may become increasingly important under this evolving adjudicative framework.
As USCIS officers retain broad discretionary authority, outcomes may vary significantly depending on the facts of each case.
What to expect as USCIS implements the new guidance
While the memorandum does not change the underlying statutory framework governing AOS eligibility, it reflects a notable shift in USCIS adjudication policy and may lead to more rigorous review of AOS applications moving forward.
We will continue monitoring how USCIS implements this guidance in practice, including operational trends, Requests for Evidence, and any related legal developments.
The information in this publication is current as of May 27, 2026.
This publication has been carefully prepared, but it has been written in general terms and should be seen as broad guidance only. The publication cannot be relied upon to cover specific situations and you should not act, or refrain from acting, upon the information contained therein without obtaining specific professional advice. Please contact BDO Canada LLP to discuss these matters in the context of your particular circumstances. BDO Canada LLP, its partners, employees and agents do not accept or assume any liability or duty of care for any loss arising from any action taken or not taken by anyone in reliance on the information in this publication or for any decision based on it.