On May 21, 2026, USCIS issued a Policy Memorandum reframing adjustment of status (AOS) as “extraordinary” relief and is a discretionary benefit to be granted only where applicants demonstrate that they cannot reasonably pursue the ordinary consular visa process abroad. The memo directed adjudicating officers to apply a totality-of-the-circumstances analysis and to weigh negative factors such as status violations, overstays, and unauthorized employment more heavily against applicants who could have used consular processing instead. The memo caused significant alarm across the employment-based and family-based immigration communities. 

Shortly after, DHS walked back this messaging within days, clarifying to the press that the memo was not a blanket policy change and that officers would continue making individualized, case-by-case determinations. USCIS spokesperson Zach Kahler stated that “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.” Additionally, DHS separately clarified that the memo was “not a blanket policy change” but rather “just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis.” More than a month after issuance, practitioners report few signs of changed adjudication outcomes and no new denial trend has emerged. However, USCIS officers have asked questions related to this memo in AOS interviews and therefore requires preparation for such responses. 

For employers with employment-based AOS applicants, particularly H-1B or L-1 holders pursuing EB-based green cards, the economic-benefit carve-out is encouraging but undefined. Barnes & Thornburg recommends building a strong record of the applicant’s economic contribution (role criticality, compensation level, employer’s business rationale for the position) to support a favorable discretionary finding and monitoring for further USCIS guidance on how this memo will be applied at the adjudication level. While the on-the-ground adjudication landscape has not shifted as dramatically as the initial press release suggested, proactive documentation remains prudent.

For more information, please refer to the prior Barnes & Thornburg alert: USCIS Reframes Adjustment of Status as 'Extraordinary' Relief | Barnes & Thornburg.

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