Adjustment of Status Under Increased USCIS Discretion: What Applicants Need to Know

USCIS Director Joseph B. Edlow issued a policy memorandum on May 21, 2026, announcing a significant shift in the adjudication of adjustment of status (AOS) applications (Form I-485) under INA §245. The memorandum emphasizes that adjustment of status is a discretionary benefit and "a matter of administrative grace" rather than an entitlement. According to the policy, adjustment of status is not intended to routinely supersede the traditional process of obtaining an immigrant visa through a U.S. consulate abroad.

Since the memorandum was issued, USCIS has provided limited guidance regarding implementation. However, the agency has indicated that the policy is not intended to eliminate adjustment of status as a viable option for many employment-based applicants, including H-1B workers and other foreign nationals whose work provides economic benefits to the United States 

Under the new guidance, USCIS officers are instructed to evaluate each case under a totality of the circumstances framework, weighing favorable and adverse factors to determine whether an applicant merits a favorable exercise of discretion before granting permanent residence in the United States.

Importantly, the policy does not change the statutory eligibility requirements for adjustment of status. Rather, it changes how USCIS officers exercise discretion after an applicant has established eligibility for permanent residence.

For many employment-based applicants who are maintaining lawful status, have complied with U.S. immigration laws, and are contributing to the U.S. economy, adjustment of status may continue to be an appropriate pathway to permanent residence. However, applicants should expect USCIS to place greater emphasis on discretionary factors when adjudicating Form I-485 applications. 

As a result, applicants may face increased scrutiny of their immigration history, compliance with U.S. immigration laws, criminal history, prior immigration violations, and other discretionary considerations. It is becoming increasingly important to present evidence of positive equities, such as family ties, community involvement, employment history, tax compliance, humanitarian considerations, and other factors supporting a favorable exercise of discretion.

While many foreign nationals remain eligible to apply for adjustment of status, it is more important than ever to develop a comprehensive immigration strategy. In appropriate cases, applicants may wish to submit evidence of positive equities with their I-485 application rather than waiting for a request from USCIS.

Although implementation remains uncertain, immigration practitioners anticipate that USCIS officers may place greater emphasis on questions relating to discretionary factors during adjustment interviews. Applicants should be prepared to explain their immigration history, ties to the United States, and the reasons adjustment of status is appropriate in their particular circumstances.

If you have questions about how this policy may affect your pending application, immigration strategy, or long-term plans in the United States, Principe Immigration Law can help you evaluate your options.

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