USCIS has announced a New Policy Limiting Adjustment of Status to “Extraordinary Circumstances”

On Friday, May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a new policy stating that most individuals in the United States in temporary (nonimmigrant) status will no longer be eligible to complete the final stage of their green card "Adjustment of Status (AOS)" from within the US.  Instead, it directs that most applicants must apply through a US consulate in their home country. Exceptions to this policy will be made in extraordinary circumstances.

USCIS has not yet defined what qualifies as “extraordinary circumstances,” and the agency has stated that officers will make determinations case‑by‑case.

At this time, the policy appears to apply broadly to all nonimmigrants seeking permanent residence from within the United States, including:

·        H‑1B, L‑1, O‑1, TN, E‑1/E‑2 workers

·        F‑1 students

·        J‑1 exchange visitors

·        B‑1/B‑2 visitors

·        Other temporary visa holders

USCIS has not yet clarified whether certain categories—such as immediate relatives of U.S. citizens, long‑term nonimmigrants, or individuals with pending applications—will be treated differently.

We Will Continue to Monitor Developments

This is a significant policy shift. Because the agency has not yet provided detailed criteria, it is too early to determine how this policy will be applied in practice.

We will provide updates as soon as additional guidance becomes available.

If you have questions about how this policy may affect your case or your employees, please contact our office.