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USCIS: Adjustment of Status Only in Extraordinary Circumstances
What changed in the May 22, 2026 USCIS announcement and what it means for temporary visa holders planning a green card process.
On May 22, 2026, USCIS announced that adjustment of status (AOS) will be granted only in extraordinary circumstances, and that the ordinary path for most applicants should be consular processing through the U.S. Department of State outside the United States.
This announcement follows USCIS Policy Memorandum PM-602-0199 (May 21, 2026), which frames AOS under INA 245 as discretionary and extraordinary relief rather than a default in-country route.
What USCIS Said
USCIS stated that officers must evaluate AOS requests case by case and consider all relevant factors when deciding whether extraordinary relief is warranted.
USCIS also said that temporary nonimmigrants (such as students, temporary workers, and tourists) are generally expected to depart when their temporary purpose ends, and that most immigrant visa processing should occur through U.S. consular posts abroad.
“Aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country. Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief.”
Practical Impact
- AOS planning now requires a stronger discretionary case record, not just basic eligibility.
- Applicants and employers should prepare for consular processing as the expected route in many cases.
- Case strategy should be reviewed early, especially for timeline, travel, and work authorization implications.
For H-1B, EB-2, and EB-3 Readers
If you are using an employer-sponsored green card path, the core steps (PWD, recruitment, PERM where required, and I-140) remain the same. The major change is at the final stage: whether the case proceeds by AOS or by consular processing.
Read our full guide here: H-1B to Green Card Path (Adjustment of Status)
For a memo-focused breakdown, see: USCIS AOS Policy Update (May 2026)
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Immigration outcomes depend on individual facts and evolving policy. Consult a qualified immigration attorney before making filing or travel decisions.