May 2026 has brought a wave of proposed and enacted immigration policy changes that have left many visa holders uncertain about what comes next. At Ahluwalia Law Offices, PC, we want to be direct with our community: uncertainty does not change your obligation to maintain lawful status, and it does not diminish the value of doing so. If anything, the current climate makes maintaining your underlying nonimmigrant status more important than it has ever been.
What Has Changed in May 2026
Two significant developments have reshaped the immigration landscape for foreign nationals in the United States this month.
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, reaffirming that adjustment of status is an extraordinary act of administrative grace rather than an automatic right. Officers are now instructed to weigh the full circumstances of every I-485 applicant’s immigration history. For the vetted, employer-sponsored professionals who make up the largest share of adjustment applicants, including H-1B, L-1, and O-1 holders, this means the evidentiary standard for obtaining a green card through adjustment has shifted. A clean record is no longer sufficient on its own. An affirmative case must be built.
Separately, on May 12, 2026, U.S. Immigration and Customs Enforcement held a press conference announcing it had identified more than 10,000 cases of fraud in the Optional Practical Training program. F-1 students and OPT workers also now face a pending regulatory overhaul that would eliminate Duration of Status admissions beginning in September 2026, replacing them with fixed admission periods tied to program length.
Together, these changes signal a tightening of the environment across every nonimmigrant category.
Why Your Status Is the Most Important Asset You Have Right Now
If you are on an employment-based nonimmigrant visa, whether H-1B, O-1, L-1, TN, E-2, P-1, P-3, R-1, or any other category, your underlying status is the legal foundation on which every future immigration benefit rests.
Continuous, uninterrupted lawful status is what keeps your pathway to permanent residency open. It is what allows you to change employers, file extension petitions, and maintain work authorization. Under PM-602-0199, it also becomes an affirmative equity in your adjustment of status case rather than a baseline assumption.
For F-1 students, your status is what determines whether you qualify for OPT, STEM OPT, and ultimately the cap-gap protection that bridges you to an H-1B year. Falling out of status before the proposed Duration of Status rule takes effect could accelerate unlawful presence accrual and trigger bars to reentry.
Our Counsel to All Nonimmigrant Visa Holders
Maintain your status. Do not let your authorized period expire. Do not change employers without confirming your petition status. Do not change programs or schools without consulting an attorney. Do not assume that a pending green card application excuses any period of status violation.
If you are navigating toward permanent residency or an immigrant visa pathway, the ground has shifted. Working with experienced immigration counsel is not a luxury in this environment. It is the difference between a case that succeeds and one that does not.
We Are Here
Ahluwalia Law Offices, PC represents H-1B holders, L-1 transferees, O-1 beneficiaries, F-1 students, TN workers, E-2 investors, and their families across the United States. We advise on status maintenance, extensions, change of status, adjustment of status, and every step of the permanent residency process. Our team understands the complexity of the current moment and we are ready to help you navigate it with clarity.
To speak with one of our attorneys, call our Dallas office at 972-361-0606 or our Houston office at 713-600-4338. You may also schedule a consultation at ahluwalialaw.com/consultations.
Frequently Asked Questions
Does PM-602-0199 affect me if I am on an H-1B and my green card application is already filed?
Yes. The memorandum applies to pending I-485 applications as well as new filings. If your adjustment of status application is pending, now is a good time to review your evidentiary record with an attorney to ensure it affirmatively presents the equities of your case.
I am on OPT and my employer is compliant. Am I still at risk from ICE enforcement?
Students working in legitimate positions with verifiable employers are not the target of the enforcement actions announced by ICE. However, it is important to ensure that all records of your employer’s address, your actual work location, your job duties, and your compensation are accurate and documentable.
Should I abandon my nonimmigrant visa and pursue other options because of these changes?
No. Abandoning a lawful status or allowing it to lapse is the most consequential step a foreign national can take. Whatever the uncertainty around proposed policy changes, your current lawful status remains your most important legal asset. Consult an attorney before making any decisions.
Can I still adjust status inside the United States under PM-602-0199?
Yes. Adjustment of status remains a legally available pathway. PM-602-0199 does not eliminate it. It instructs officers to exercise heightened discretion in evaluating applications. With proper legal preparation and a complete evidentiary record, adjustment of status remains achievable for qualified applicants.
What should I do if my visa is expiring soon?
Contact an immigration attorney immediately. Extensions and change of status petitions take time to prepare and file, and maintaining timely filing is essential to preserving your lawful status throughout the process. Do not wait until your current status expires.
This blog is intended solely for general informational and educational purposes. It does not constitute legal advice, nor does it create an attorney-client relationship between the reader and Ahluwalia Law Offices, PC. The legal information provided herein may not apply to your individual circumstances and is subject to change based on evolving immigration laws and policies. Readers are strongly encouraged to consult directly with a qualified immigration attorney for guidance tailored to their specific situation. Our front desk staff is not authorized to interpret legal information or provide legal advice beyond what is explicitly stated in this blog. They are also not permitted to assess eligibility, review case details, or respond to case-specific inquiries. Due to the high volume of inquiries and the sensitive nature of immigration matters, we cannot respond to questions or requests for legal analysis via phone or email unless a formal consultation has been scheduled. Please book an appointment with one of our attorneys if you require personalized legal assistance. This is attorney advertising
