On May 21, 2026, U.S. Citizenship and Immigration Services issued Policy Memorandum PM-602-0199, which formally reframes its position that adjustment of status under INA § 245 is a matter of “discretion and administrative grace” — an extraordinary form of relief that permits applicants to bypass the ordinary consular immigrant visa process. While USCIS characterizes the memorandum as a reminder of longstanding policy, its practical effect is to signal a more rigorous discretionary framework that will directly affect employer-sponsored green card cases and the foreign national employees who depend on them.
The memorandum instructs USCIS officers to treat every adjustment of status application as a request for an exceptional benefit, not a routine procedural step. Officers are directed to weigh the totality of an applicant’s circumstances — including any violations of immigration status, unauthorized employment, fraud, or conduct inconsistent with the purpose of the applicant’s nonimmigrant admission or parole — as adverse factors that the applicant must overcome by demonstrating “unusual or even outstanding equities.” Critically, the memorandum states that the mere absence of adverse factors is not, by itself, sufficient to merit a favorable exercise of discretion.
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If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, or Stacey A. Simon.
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