USCIS Issues New Memorandum on AOS
US Citizenship and Immigration Services (USCIS) announced on May 22, 2026, that it is ending what it views as routine adjustment of status (AOS) as a path to Green Cards for nonimmigrants. From now on, foreign nationals who are in the US temporarily and want to pursue a Green Card will need to return to their home country to apply except in “extraordinary circumstances.”
However, the guidance creates confusion, most notably with respect to the H-1B and L-1 nonimmigrant categories, which were specifically designed by Congress to permit “dual intent” and allow them to maintain nonimmigrant status while pursuing permanent residence.
USCIS said it may issue additional guidance on specific visa categories. More changes or clarity could be coming, particularly for employment-based categories.
Fisher & Phillips LLP:
Immigration Officials Tighten Green Card Rules for Nonimmigrants Already in the US: What Employers Should Do Now
