USCIS Clarifies Earlier Announcement on Adjustment of Status Policy: “No Noticeable Impact on Highly Qualified Applicants and Skilled Professionals”
Overview
Over the past weekend, the United States Citizenship and Immigration Services (USCIS) sought to clarify an earlier policy announcement made by the Service which appeared to drastically restrict the ability of temporary foreign workers to apply for a green card from within the US. The earlier official announcement, which was released on May 22, 2026, stated that foreign nationals must apply for the final step of the process at a consulate abroad, and would only be allowed to pursue adjustment of status in the US in ‘extraordinary’ circumstances. According to CBS News, however, the USCIS stated over this last weekend that the new policy would “have no noticeable impact on highly qualified applicants and skilled professionals who follow the law.”
Background
For several decades, the vast majority of employer-sponsored foreign nationals in temporary status have been able to complete every stage of the green card process while remaining in the United States. The I-485 adjustment of status, the final step, could in most cases be approved without the applicant leaving the country. While I-485 approval has always been discretionary, as a practical matter it has been routinely approved for employment-based applicants absent a serious criminal history or immigration violations.
What the May 22nd Policy Said
On May 22nd, the USCIS announced a new policy memorandum to restrict eligibility for adjustment of status. According to the announcement, green card applicants would have to apply for the final stage of the process through a US consulate abroad, except where ‘extraordinary’ circumstances warrant favorable discretion. The announcement was widely interpreted as shutting off adjustment of status as a viable option for most green card applicants.
The policy memo itself, however, is far less severe than the announcement suggests. It primarily restates existing law and directs officers to apply stricter scrutiny when evaluating I-485 applications. Specifically, officers are instructed to weigh:
Violations of immigration law or status conditions
Fraud or misrepresentation to any government agency
Whether the original admission or parole was consistent with applicable law
Conduct inconsistent with the purpose of the applicant’s nonimmigrant status
Failure to depart as expected upon expiration of status or parole
The May 30th Clarification
The most recent statement reported by CBS appears to walk back the far-reaching announcement from May 22nd, at least to the extent that it applies to high-skilled foreign workers. In this statement, the US recognizes that they “benefit the national interest and provide economic benefits to the United States and will continue to merit the favorable exercise of discretion.”
What This Means
We do not expect the policy to impact the vast majority of high-skilled foreign workers who are being sponsored by their employers and who have maintained valid status throughout their time in the United States. The policy is more likely to affect applicants in strictly nonimmigrant (temporary) categories, those with prior status violations, or those who entered under parole-based programs. We are reaching out to employees of our clients who we believe may be impacted, and continuing to monitor guidance from USCIS. We will provide a more detailed analysis once the administration provides further clarification.
We are also scheduling a client webinar in the coming weeks to address questions directly on this and other important changes in immigration policy. Please contact our office with any questions about how this policy may affect your specific situation or your employees.