Washington, D.C. In its press meet (NY Times, Bloomberg, Wall Street Journal) USCIS clarifies that that policy memorandum on adjustment of status does not always require Consular Processing and people can still seek adjustment of status remaining in the U.S.
The clarification said the adjustment of status policy should not affect the vast majority of employment-based cases (e.g., EB-1, EB-2, EB-3) for individuals who (1) hold a dual-intent status (i.e., H-1B or L-1) and (2) have maintained and will continue to maintain their status and otherwise qualify for adjustment of status.
It is still unclear if the policy may affect those in other statuses, such as those in temporary employment statuses other than H-1B or L1 (e.g., F-1, H-1B1, TN, P, O, E). It is also still unclear how this policy may be implemented for employment-based adjustment applicants with prior unauthorized employment that do not exceed 180 days since their last entry because such an individual is permitted to adjust status under INA 245(k).
Earlier, USCIS had issued policy memorandum on adjustment of status to legal permanent resident of the U.S. on Thursday, May 21, 2026. Our blog article on the topic clarified what was government trying to do and what is the legal basis for it.
It was unclear if the policy becomes effective right away or in future cases. From the wording of the memo its appears that the Trump Administration sought to implement this new policy approach immediately in all new cases and might also apply that to currently pending applications too.
Last updated May 29, 2026
Note: This news update should NOT be construed as a legal advice. Changes in immigration policies and procedures are complex and may require a consultation with an experienced immigration lawyer.
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