top of page
JLG-英文-透明底logo-with R mark.png

All rights reserved. All content of this blog is the property and copyright of Jia Law Group and may not be reproduced in any format without prior express permission.
 
Contact marketing@jiaesq.com for more information or to seek permission to reproduce content. This blog is intended for general information purposes only. It does not constitute legal advice. The reader should consult with knowledgeable legal counsel to determine how applicable laws apply to specific facts and situations. Blog posts are based on the most current information at the time they are written. Since it is possible that the laws or other circumstances may have changed since publication, please call us to discuss any action you may be considering as a result of reading this blog.

​

New Adjustment of Status Policy Memo: Key Implications for Employment-Based Green Card Cases

  • Writer: Jia Law Group
    Jia Law Group
  • May 27
  • 1 min read

Last Friday, May 22, USCIS issued a policy memorandum reaffirming the discretionary nature of Adjustment of Status (AoS) adjudications.

While statutory eligibility requirements remain unchanged, the memo signals increased scrutiny of discretionary factors that may affect both employment-based and family-based AoS filings.



Current analysis suggests that certain categories of applicants may face increased discretionary scrutiny in the adjudication process, including:

  • F-1 students, including OPT and STEM OPT holders

  • TN, E-3, and other single-intent visa categories

  • O-1 applicants, particularly with respect to timing of filings and maintenance of status

  • B-1/B-2 visitors, Visa Waiver entrants, and parole-based applicants

  • H-1B and L-1 applicants with prior status gaps, unauthorized employment, or other complicating factors

  • Cases involving prior immigration violations, status lapses, or inconsistencies in prior filings or representations

We are also advising attention to the following general considerations during the Adjustment of Status process:

  • Maintenance of nonimmigrant status during the I-485 process

  • Documentation of positive discretionary factors, including family ties, tax compliance, and employment history, among others

  • Long-term immigration strategy, including whether consular processing may become a consideration in certain cases

At the same time, the full practical impact of the memorandum remains uncertain, and further agency guidance, litigation, and policy developments may continue to evolve in the coming months.

bottom of page