On May 22, 2026, U.S. Citizenship and Immigration Services issued Policy Memorandum PM-602-0199, formally reframing adjustment of status as a matter of discretion and administrative grace rather than a presumed right. For the community of foreign nationals who have built careers, paid taxes, and maintained lawful status in the United States for years on H-1B, L-1, O-1, or E-2 visas, this announcement demands immediate attention and a clear-eyed strategy.
What the USCIS Policy Memo Actually Says
The memo directs officers to treat every adjustment of status application as an extraordinary request, not an entitlement. Officers must now conduct a totality of the circumstances analysis, weighing immigration compliance, moral character, family ties, and whether an applicant’s conduct is consistent with the stated purpose of their original entry. Negative factors such as prior overstays, unauthorized employment, or conduct suggesting intent to circumvent consular processing can weigh heavily against approval.
Critically, the memo does not prohibit adjustment of status filings, and it expressly acknowledges that dual intent classifications remain compatible with pursuing permanent residence from within the United States.
Why Dual Intent Status Is Your Strongest Asset Right Now
If you are present in the United States on an H-1B, L-1, O-1, or E-2 visa, your classification was designed precisely to accommodate immigrant intent. Congress built these categories to allow foreign nationals to work lawfully in the United States while simultaneously pursuing a path to a green card. That legislative intent matters now more than ever.
Your H-1B or L-1 status is not merely a work authorization document. It is a record of compliance. Every extension filed, every I-94 maintained, every paycheck earned through a lawful employer relationship is evidence of good moral character and consistent conduct. That record forms the backbone of a compelling adjustment of status package under the new framework.
A Critical Note for India-Chargeability Applicants
The June 2026 Visa Bulletin from the Department of State includes a significant development: the EB-1 and EB-2 Final Action Dates for India have been retrogressed due to high demand. The EB-1 Final Action Date for India is now December 15, 2022, and the EB-2 Final Action Date is September 1, 2013. Further retrogression or unavailability is possible before the end of fiscal year 2026. If your priority date falls near these cutoffs, now is the time to consult with counsel about your filing window.
What You Should Be Doing Right Now
First, confirm your current nonimmigrant status is valid and unexpired. Any gap in status creates a negative factor under this memo. Second, if your I-140 has been approved and your priority date is current under the Final Action Dates chart, consult with an immigration attorney before deciding between adjustment of status and consular processing. Third, prepare for the possibility of a Request for Evidence asking you to affirmatively demonstrate why adjustment of status serves the interests of the United States in your specific case. That requires a different kind of answer than prior RFE practice demanded.
At Ahluwalia Law Offices, PC, our counsel to dual intent visa holders at this moment is firm: stay the course. Approvals are still occurring. Defenses can be built and won. You have tools available to you that single intent nonimmigrants do not.
Frequently Asked Questions
Can H-1B holders still file for adjustment of status after the May 2026 USCIS memo?
Yes. The memo does not prohibit H-1B or other dual intent visa holders from filing Form I-485. It instructs officers to weigh all relevant factors in each case. Applicants who have maintained continuous lawful status and have a strong record of compliance are well positioned to proceed.
What does “totality of the circumstances” mean for my green card case?
USCIS officers must now weigh positive factors such as family ties, tax compliance, and lawful employment alongside negative factors such as prior status violations. The stronger your positive record, the more favorably your case may be evaluated.
What is a dual intent visa and why does it matter under the new policy?
A dual intent visa is a nonimmigrant classification that expressly permits the holder to maintain immigrant intent while in the United States. H-1B and L-1 are the most common examples. The USCIS memo acknowledges these classifications as compatible with adjustment of status.
What happened to EB-1 and EB-2 dates for India in the June 2026 Visa Bulletin?
The June 2026 Visa Bulletin retrogressed both categories for India-chargeability applicants. EB-1 India moved to December 15, 2022, and EB-2 India moved to September 1, 2013. USCIS has flagged that further retrogression is possible. India-chargeability applicants should consult counsel immediately.
Should I leave the United States and pursue consular processing instead?
This is a highly fact-specific decision that should not be made without legal counsel. Departing the United States carries its own risks, including potential bars to reentry. For dual intent visa holders with approvable adjustment cases, remaining and defending the case is often the stronger strategy.
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
