On May 22, 2026, USCIS issued a new policy memo directing its officers to grant adjustment of status only in "extraordinary circumstances." This is a significant policy shift that affects how most employment-based green card applicants complete the final step of the green card process.
What Is Adjustment of Status vs. Consular Processing?
There are two ways to get a green card once your priority date is current and your I-140 is approved:
Adjustment of status (I-485) lets you complete the process without leaving the US. You file Form I-485 with USCIS, attend a biometrics appointment, and receive your green card while remaining in the country. This is the path most H-1B and L-1 workers have relied on for decades.
Consular processing requires you to leave the US, attend an interview at a US embassy or consulate in your home country, and re-enter on an immigrant visa. It accomplishes the same outcome but requires international travel and time abroad.
Until now, most nonimmigrants on work or student visas in the US could choose either path. The new policy changes that default.
What the New Policy Says
The USCIS memo directs officers to treat adjustment of status as an exceptional remedy rather than a standard option. From the announcement:
"Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process."
Officers are instructed to evaluate whether "extraordinary circumstances" exist before approving an I-485 filed by a nonimmigrant. The memo does not define a fixed list of what qualifies - it directs a case-by-case analysis.
What This Means for PERM Applicants
PERM processing at DOL is not affected. The Department of Labor continues processing labor certification applications on its normal timeline. If your case is in the PERM queue right now, nothing changes about that part of the process.
The impact comes later, after your PERM is certified and your I-140 is approved. Once your priority date becomes current, you would traditionally file I-485 to complete the green card process without leaving the US. Under this new policy, most people will instead be expected to complete that step through consular processing.
Practically, this means:
- Traveling to your home country for a consular interview
- Coordinating timing around family, employment, and travel logistics
- Re-entering the US on an immigrant visa rather than your existing work visa
For people who have been in the US for many years on H-1B extensions or similar status, this is a meaningful change in how they expected the final step to work.
What Counts as "Extraordinary Circumstances"?
The memo does not provide a definitive list. Officers have discretion to consider all relevant factors. Circumstances that may qualify include serious medical conditions preventing travel, minor US citizen children who cannot safely travel, or active national security or law enforcement considerations.
The policy explicitly leaves this open to case-by-case judgment, which means outcomes may vary depending on the officer and the specifics of each situation. Immigration attorneys are best positioned to evaluate whether a particular situation might qualify.
Key Takeaways
- PERM processing is unaffected. DOL continues deciding labor certifications at the current pace.
- The I-485 path is now restricted. Most nonimmigrants will be expected to do consular processing instead of adjusting status inside the US.
- Extraordinary circumstances exceptions exist but are undefined and left to officer discretion.
- Consult an immigration attorney before making any decisions about how to complete your green card process under this new policy.
The full USCIS announcement and policy memo are available at uscis.gov.