On May 22, 2026, the United States Citizenship and Immigration Services (“USCIS”) announced a shift in policy in which the agency will approve Adjustment of Status (“AOS”) applicants for adjustment only in extraordinary circumstances. The policy, which USCIS says is consistent with long-standing immigration law and court decisions, will place a higher burden on nonimmigrants or those in the United States temporarily and may require them to apply for immigrant visas at a U.S. Embassy or Consulate through consular processing.
The revised policy, which is expected to be effective immediately, does not prevent nonimmigrants from applying for AOS, but it implies that such applicants will not be able to complete the adjustment process unless they can demonstrate they should receive the “extraordinary relief” of adjustment.
The new policy is expected to significantly impact certain nonimmigrants such as those in the United States on B-1/B-2 Visitor Visas, spouses and children of U.S. citizens who entered on the visa free waiver program (known as “ESTA”); H2-A and H-2B temporary workers or students on F-1 Student Visas. Other AOS applicants such as those who arrived in the United States on K-1 Fiancé(e) Visas or are in the U.S. on visas that allow for dual intent: L-1 Intra-Company Transfer visas and H-1B Temporary Worker Visas, may not be impacted.
The policy announcement leaves many questions unanswered.
Enterline and Partners will continue to monitor the new policy for developments while those concerned may contact us directly at info@enterlinepartners.com.
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Copyright 2026. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.
