This is a first-take analysis of the U.S. Citizenship and Immigration Services (USCIS) Policy Memorandum PM-602-0199 issued on May 21, 2026. Immigration policy guidance of this nature frequently evolves as USCIS officers begin applying it in practice, and as the immigration bar, federal courts, and advocacy organizations respond with real-world feedback. As more details emerge, we will continue to update this article with refined and more detailed guidance. The opinions and assessments expressed herein are preliminary in nature and are intended to identify and explore possible arguments and legal frameworks. They don’t represent final, settled positions. Readers should not rely on this analysis as definitive guidance until USCIS provides further clarifying instructions.
Given the significance of this memorandum and the number of practical questions it raises, we encourage readers to take a measured “wait-and-watch” approach over the coming days and weeks. Initial interpretations may evolve as USCIS adjudication trends develop and additional practical guidance becomes available. We will continue monitoring developments closely and will supplement this article with further updates, analysis, and practical insights as the situation evolves.
Additionally, reports from immigration practitioners indicate that USCIS may already be broadly distributing the memorandum to nonimmigrants and adjustment applicants through email communications. If you receive an email relating to this memorandum, applicants should not panic or make sudden immigration decisions based solely on the notice. Instead, individuals are encouraged to consult with their immigration attorney to evaluate how, if at all, the memorandum may impact their specific case.
Major Memo Details
Based on the language of the memorandum itself, our preliminary assessment is that the following categories of applicants may remain comparatively well-positioned under the current adjustment framework:
1. Immediate Relative Applicants
Immediate relatives of U.S. citizens, including spouses, parents, and unmarried children under 21, continue to occupy a uniquely protected position under the Immigration and Nationality Act. Congress specifically created broad adjustment eligibility pathways and exemptions for many immediate relatives, including exemptions from certain unlawful status and unauthorized employment bars under INA §245(c). As a result, we do not presently interpret this memorandum as signaling a broad policy shift against properly filed immediate relative adjustment cases.
2. Applicants with Already Pending Adjustment Applications
Applicants whose adjustment applications have already been filed and accepted by USCIS may also remain in a comparatively stronger procedural position, particularly where the filing was made during a period of lawful status and supported by an available immigrant visa number. Many pending applicants have developed substantial favorable equities during lengthy adjudication periods, including continuous residence, stable employment histories, tax compliance, U.S. citizen family members, property ownership, and significant community ties.
Additionally, ongoing procedural delays involving National Visa Center (NVC) processing, immigrant visa backlogs, administrative processing delays, and limited consular appointment availability continue to provide a compelling practical basis supporting adjustment processing within the United States rather than requiring applicants to depart for consular processing abroad.
Importantly, the memorandum largely reiterates USCIS’s position that adjustment of status has always been discretionary in nature, rather than announcing an entirely new legal standard. As a result, USCIS may apply this framework not only to newly filed applications, but also to currently pending adjustment cases. Practically speaking, this means applicants and practitioners should be prepared to proactively address favorable discretionary factors and, where appropriate, explain why adjustment of status should be favorably exercised as a matter of discretion under the totality of the circumstances.
3. Applicants Maintaining Lawful H-1B or L-1 Status
The memorandum expressly recognizes that dual intent classifications such as H-1B and L-1 remain consistent with adjustment of status filings. Consequently, applicants maintaining lawful H-1B or L-1 status appear to remain among the strongest employment-based adjustment candidates under the existing statutory framework. USCIS specifically acknowledged that pursuing permanent residence while maintaining lawful dual intent nonimmigrant status does not, by itself, constitute adverse discretionary conduct.
What This Means
At present, the memorandum appears primarily intended to reinforce USCIS discretionary authority and signal heightened scrutiny in cases involving immigration violations, misuse of nonimmigrant intent, parole-related concerns, fraud or misrepresentation issues, or other adverse discretionary factors, rather than to announce any categorical restriction on properly filed employment-based or immediate-relative adjustment cases.
Notably, discretionary review remains separate from statutory eligibility and admissibility requirements. Applicants must still independently establish eligibility for adjustment of status and admissibility under the Immigration and Nationality Act.
Adjustment of status adjudications remain highly fact-specific, and applicants should continue maintaining lawful status, complying fully with visa conditions, and documenting favorable discretionary factors whenever possible.
As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.