USCIS announced on May 22, 2026, that adjustment of status will be treated as an extraordinary discretionary benefit, with many temporary visa holders expected to pursue immigrant visas through Department of State consular processing abroad instead of completing the green card process inside the United States. The agency said officers must review all relevant facts case by case, but emphasized that nonimmigrants such as students, temporary workers, and visitors generally enter for a limited purpose and should not treat that stay as the first step in permanent residence.
This is a major U.S. immigration policy change for families, employers, and applicants planning green card strategies. It may affect people who entered on F-1, H-1B, L-1, B-1/B-2, or other temporary classifications and later hoped to file Form I-485 in the United States. Applicants should not assume that a previously common filing strategy remains available without a careful legal review.
What This Means for You: - Key Point 1: USCIS is signaling that in-country green card processing may become harder for many temporary visa holders unless extraordinary circumstances exist. - Who Should Be Concerned: Nonimmigrants, employment-based applicants, family-based applicants, students, workers, visitors, and sponsors planning adjustment of status. - Timeline for Action: Act immediately — review any pending or planned Form I-485 strategy before filing or traveling. - Next Steps: Consult an immigration attorney before filing, departing the United States, or changing status strategy.