USCIS Just Restricted Adjustment of Status. Here Is Exactly Who Is Affected and What to Do Next.

For decades, the path from a temporary work visa to a U.S. green card followed a familiar logic. You followed the rules, maintained your status, got your I-140 approved, and waited for your priority date to become current. Once it did, your adjustment of status application was essentially a formality: the officer asked whether you qualified, and if the answer was yes, you were approved.

On May 22, 2026, USCIS issued a policy memo that fundamentally changed that equation. The rules did not change. The law did not change. But the standard by which your application will be judged has shifted in a way that every person with a pending or planned adjustment of status filing needs to understand immediately.

What the New Policy Actually Says

The memo, announced by USCIS on May 22, 2026, reiterates that adjustment of status is not a right. It is, in the agency's own framing, an extraordinary form of relief. USCIS is directing officers to treat it accordingly.

Under the new policy, USCIS officers are instructed to exercise discretion in every adjustment of status case, meaning they can deny an application even when the applicant technically qualifies. The memo does not just remind officers that they have this power. It actively encourages them to use it. And it provides specific guidance on the kinds of factors that should weigh against approval.

The most pointed language concerns H-1B, L-1, and other nonimmigrant work visa holders. The memo states plainly that the government's expectation for people who enter the United States on temporary visas is that they will eventually return home, not pursue permanent residence from inside the country. Filing for adjustment of status rather than leaving and processing an immigrant visa through a U.S. consulate abroad is now explicitly framed as something officers should view unfavorably.

The memo acknowledges that H-1B is a dual intent visa, meaning holders are legally permitted to pursue permanent residence while maintaining their status. But it then draws a critical distinction: dual intent gets you in the door. It does not, under this new framework, entitle you to a green card from inside the United States.

Who This Affects 

1. H-1B, L-1, O-1, and Other Work Visa Holders

The memo states plainly that the government's expectation for people who enter the United States on temporary work visas is that they will eventually return home. Filing for a green card from inside the United States is now explicitly framed as something officers should view unfavorably. The memo acknowledges that H-1B is a dual intent visa, meaning holders are legally permitted to pursue permanent residence. But it then draws a critical distinction: dual intent gets you in the door. It does not entitle you to a green card from inside the country.

2. People With Pending I-485 Applications

If your green card application is already sitting at USCIS, the new guidance applies to your case starting now. There is no grandfather protection for previously filed applications. A case that looked straightforward in April may need a significantly stronger evidentiary package today. Officers have been instructed to look backward at how you originally entered the country, whether you ever had a gap in status, whether you ever worked without authorization even briefly, and whether any aspect of your immigration history could be characterized as inconsistent with the intent of your original visa.

3. F-1 Students on OPT or STEM OPT

Students who entered on F-1 visas and are now pursuing adjustment of status through employer sponsorship or EB-5 face the same scrutiny. The memo's framing that temporary visa holders should return home rather than use their U.S. presence as a stepping stone to permanent residence applies broadly across nonimmigrant categories.

4. EB-5 Concurrent Filers

For EB-5 investors already in the United States who were planning to file the I-526E and I-485 concurrently, this memo creates a new and significant consideration. Technical eligibility for concurrent filing is now potentially insufficient on its own. The filing package needs to be substantially stronger than it would have needed to be a month ago with clear evidence of community ties, tax compliance, employer or business relationships, family circumstances, and any other factors that demonstrate why adjustment from inside the United States is appropriate.

Who This Does Not Affect

1. Applicants Processing Consular Abroad

If you are outside the United States and processing your immigrant visa through a U.S. consulate, this memo does not directly apply to you. Consular processing is in fact the pathway the government now openly prefers. That said, consular processing comes with its own complications in the current environment, including ongoing processing limitations in certain countries.

2. People Already Holding Green Cards

If you have already received your green card (conditional or permanent), this memo does not affect your status. It applies specifically to pending and future adjustment of status applications.

3. Applicants Whose I-485 Was Filed and Approved Before May 22, 2026

If your adjustment of status was already approved before the memo took effect, you are not affected. The new guidance applies to pending and future cases only.

4. EB-5 Investors With Strong, Well-Documented Filing Packages

This is an important nuance. The memo does not eliminate adjustment of status, it raises the bar. Investors who have clean status histories, strong ties to the United States, a well-documented EB-5 investment, and a filing package that proactively addresses the new discretionary factors are still very much able to pursue concurrent filing successfully. The new standard rewards preparation and penalizes gaps.

What This Means for EB-5 Investors Specifically

For EB-5 investors already in the United States who were planning to file for adjustment of status concurrently (submitting the I-526E and I-485 together), this development requires immediate attention.

The May 22 policy memo creates a new and significant risk for any concurrent filer who cannot demonstrate a compelling case for why their adjustment of status should be approved from inside the United States. The technical eligibility that concurrent filing provides is now potentially insufficient on its own. Officers have been explicitly instructed to weigh whether the applicant's presence in the United States and their decision to file domestically rather than through consular processing represents appropriate use of the adjustment mechanism.

This does not mean concurrent filing is no longer viable. It means the filing package needs to be substantially stronger than it would have needed to be a month ago. Evidence of community ties, tax compliance, employer relationship, family circumstances, and any other factors that demonstrate the investor's positive contribution to the United States and the legitimacy of their presence are now front-line considerations.

There is also a practical consideration around timing. For EB-5 investors who were planning to file concurrently and who have children approaching age 21, the September 2026 grandfathering deadline, or other time-sensitive circumstances, delaying to strengthen the filing package carries its own risks. This is precisely the kind of situation where an experienced EB-5 immigration attorney needs to be involved before any decision is made.

Why EB-5 Remains Structurally Different From Other Pathways

It is worth stepping back and noting what this policy memo reinforces about the broader immigration landscape and why the structural independence of EB-5 from employer sponsorship matters more today than it did a week ago.

Every H-1B holder, L-1 holder, and O-1 holder in the United States is now subject to a standard that explicitly frames their presence as temporary and their green card application as a favor rather than an entitlement. The accumulation of policy changes since last fall all point in the same direction: the employment-based, employer-sponsored pathway to permanent residence is under sustained and deliberate pressure.

EB-5 was never designed to depend on employer goodwill or government discretion over whether a temporary visa holder deserves to stay. It is a statutory investor pathway. The eligibility criteria are objective. The investor controls the process. And while the May 22 memo applies to adjustment of status filings generally, including EB-5 concurrent filings, the EB-5 investor can build a far more independent evidentiary case for why their presence and their application are meritorious than an H-1B worker whose green card depends entirely on a single employer's continued support.

The Key Is Not To Panic

The May 22 memo is not the end of adjustment of status. Applications can still be filed. Investors can still qualify. Officers can still approve strong cases. But the standard has shifted in a direction that rewards preparation, documentation, and the kind of filing package that leaves nothing to chance.

For EB-5 investors who have been building toward a concurrent filing, the message is not to stop. It is to make sure the filing is as complete and compelling as possible before it goes in the door because the officer reviewing it is now explicitly authorized, and encouraged, to ask whether you deserve to be approved, not just whether you qualify.

Because your Green Card Shouldn't Take a Lifetime