Executive Summary
- On May 22, 2026, USCIS issued an internal policy memo directing officers to scrutinize adjustment of status applications more carefully.
- This is a memo, not a rule. It does not carry the force of law and does not block anyone from filing a green card application.
- No immediate action is required for employees with pending applications or upcoming filings.
- Legal challenges to the memo are anticipated. Much of what is circulating right now is speculation about implementation.
- Hiring plans do not need to change. This memo does not affect work visas or work authorizations.
Key terms to know
Adjustment of Status (AOS) AOS is the process by which a foreign national employee applies for their green card (Form I-485) from within the United States, without having to leave the country. This memo is specifically about this process.
Change of Status (COS) COS refers to moving from one visa category to another, for example from F-1 OPT to H-1B. This memo does not affect COS.
Non-immigrant status Any visa category other than a green card. Employees on F-1, H-1B, O-1, TN, and similar visas hold non-immigrant status.
Immigrant status A term for employees who hold a US green card, also called Permanent Resident status.
What the memo says
USCIS is signaling that officers should more strictly scrutinize applications to adjust status to a green card from within the US. The practical effect may be that some applicants are required to apply for their green card through a US consulate in their home country instead of filing the I-485 domestically.
The memo is an internal directive to USCIS adjudicators to weigh discretionary factors more carefully, such as whether an applicant has maintained lawful status and complied with the terms of their visa.
Important: This is a memo, not a rule. It does not carry the force of law, and it is widely expected to face significant legal challenges.
What this could mean in practice
If this memo were to be implemented as written, foreign national employees who would otherwise file Form I-485 in the US might instead need to apply for their green card through a US embassy in their home country. That shift would create real operational challenges:
- Consulate appointment wait times are already measured in months to years, and would likely worsen under higher demand.
- Employees may need to remain in their home country for an extended period while waiting on a decision.
USCIS has not provided guidance on how this process would work in practice. The memo does not specify how the guidelines will be applied across different visa categories or employee situations. Much of what is circulating right now is speculation.
What you need to know right now
There are three things that matter most in this moment:
First, this memo does not alter the legal eligibility requirements for a green card. It does not block anyone from filing an I-485 application. Filings can and should continue.
Second, the memo is an internal reminder to USCIS officers, not a change to immigration law. Discretionary factors such as maintenance of lawful status have always been part of the adjudication process. The memo increases the weight given to those factors.
Third, no one should be making decisions about their employees' immigration plans based on early reporting about this memo. The legal landscape will likely shift, and further agency guidance is needed before drawing conclusions about impact.
Frequently asked questions
What happens to employees with a pending green card application? No immediate action is required. Pending applications should continue to move forward as planned. Monitor guidance from your immigration provider as this develops.
What about employees who have not yet started their green card process? Nothing changes for now. Continue as planned. The underlying legal eligibility requirements for a green card have not changed.
What should I tell employees who are asking questions? Keep the conversation calm and factual. No one has lost eligibility, and no filings have been blocked. Employees with detailed questions should speak directly with their immigration advisor. If your employees are managed through WayLit, direct them to support@waylit.com.
Can we still hire people on H-1B and other work visas? Yes. This memo does not affect work visas or work authorizations. The I-485 filing comes at least three to five years after an employee begins working with you, and longer for Chinese and Indian nationals due to priority date backlogs. Hiring plans do not need to change.
Does this affect employees currently on H-1B or other non-immigrant visas? Not directly. Their current work authorization is unaffected. The memo concerns a later stage of the green card process, not the work visa stage. Employees on H-1B, O-1, TN, or other non-immigrant visas should continue working normally.
Why does it matter whether an employee applied for a green card inside the US versus through a consulate? Filing from inside the US (I-485) is generally faster, does not require the employee to leave the country, and allows them to continue working throughout the process. Requiring consular processing means the employee must travel to their home country, wait for a consulate appointment (which can take months or years depending on the country), and potentially remain abroad for an extended period. For many employees, particularly those with family ties, lease agreements, or senior roles at a company, this creates significant personal and operational disruption.
How WayLit helps
WayLit's immigration practitioners are monitoring this memo closely and will move quickly once there is clarity on implementation. For clients managing sponsored employees through WayLit, no changes to your cases are needed at this time.
For HR teams managing this on their own, the most important thing right now is not to act on speculation. The memo is real. The practical impact is not yet defined. Making decisions about employee immigration plans before agency guidance is available is premature and may create unnecessary disruption for employees and the company.
WayLit works directly with HR leaders to track developments like this and provide specific, actionable guidance when the situation warrants it. For questions about specific employee situations, contact support@waylit.com.
This article is for informational purposes only and does not constitute legal advice. Consult qualified immigration counsel before making decisions about your sponsored workforce.
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