USCIS Issues Policy Memo Tightening Review of Adjustment of Status Applications

On May 21, 2026 the U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum reaffirming that adjustment of status (AOS) is a discretionary benefit and describing it as an “extraordinary” form of relief. The memo does not change the statutory right to file for AOS but signals that adjudicators should apply heightened scrutiny, especially when applicants have prior status violations, unauthorized employment, or belong to non‑dual‑intent visa categories such as F‑1, TN, O‑1, E‑2 or B‑1.

USCIS did not provide a timeline for any restrictions or clarify how the guidance will affect pending cases. It indicated that further guidance may target specific applicant groups, leaving employers and foreign nationals uncertain about potential changes to AOS strategy and timing.