USCIS Adjustment of Status Memo: What Employment-Based Applicants Should Know

Adjustment of status has not been eliminated. The May 22, 2026 USCIS policy memorandum appears to place renewed attention on discretionary review in Form I-485 cases, which may matter for some employment-based applicants in H-1B, L-1, O-1, TN, F-1, EB-2 and EB-3 contexts.

For Seattle-area workers and employers, the practical issue is not panic. It is preparation. A pending or future Form I-485 should be reviewed in light of visa availability, immigration history, admissibility, status maintenance, travel plans, job changes and the facts USCIS may consider when deciding whether adjustment should be granted.

USCIS adjustment of status is the process that allows certain people already in the United States to apply for lawful permanent residence without completing immigrant visa processing at a U.S. consulate abroad. USCIS explains the general process on its adjustment of status page and through Form I-485, the application used to register permanent residence or adjust status.

The May 22, 2026 memo should be read as a policy update about how USCIS officers review adjustment applications, not as a repeal of adjustment of status. Form I-485 eligibility still depends on the applicant's facts, the immigrant category, visa availability, admissibility and the record presented to USCIS. For employment-based cases, that often means connecting the I-140 petition, priority date, current nonimmigrant status and job-offer facts in a way that remains consistent.

No. Adjustment of status remains part of the U.S. immigration system. Applicants who are physically present in the United States and meet the applicable requirements may still be able to file Form I-485 when an immigrant visa is available.

That point matters because many H-1B workers plan around adjustment of status after an employer files PERM and Form I-140. Filing inside the United States can also create access to related benefits, such as employment authorization and advance parole, when available. The memo does not erase those systems, but it may increase the importance of reviewing whether the whole record supports approval. For workers with dependent spouses or children, the timing review should also include each family member's separate status, travel documents and pending applications.

Adjustment of status is generally discretionary. In plain language, meeting the basic eligibility rules does not always mean USCIS must approve the application. USCIS may consider positive and negative factors in the applicant's record before deciding whether permanent residence should be granted.

USCIS explains this framework in the Policy Manual chapter on legal analysis and use of discretion. That official guidance is important because it confirms that discretion is part of adjustment adjudication, while also requiring officers to evaluate the total record. The analysis is not limited to one isolated fact.

That does not mean the memo creates automatic denials. It means the applicant's history and documentation may receive closer attention. For employment-based applicants, relevant facts can include immigration compliance, truthful filings, criminal history if any, public safety concerns, fraud or misrepresentation issues, prior unauthorized employment questions and whether the green card process remains consistent with the underlying job offer or immigrant petition.

H-1B workers often use adjustment of status after an employer-sponsored green card process reaches the I-485 stage. In a typical PERM-based case, the employer files PERM, then Form I-140, and the worker later files Form I-485 when the priority date is current or otherwise eligible for filing under the monthly USCIS chart.

The memo makes status maintenance and timing more important to review. A Seattle H-1B worker considering a transfer, extension, layoff transition, remote-work arrangement, travel plan or move to a new sponsoring employer should understand how that change fits with the I-140, priority date and any pending I-485. H-1B status can provide important stability during a green card process, but it is not a substitute for reviewing the adjustment record itself.

The same adjustment of status framework can matter for other employment-based visa holders. L-1 workers may be moving toward EB-1C or another employment-based green card category. O-1 workers may be evaluating EB-1, EB-2 national interest waiver or employer-sponsored options. TN workers need careful review because TN classification does not carry the same immigrant-intent structure as H-1B or L-1. F-1 students and OPT or STEM OPT workers may have timing issues around status, work authorization and employer sponsorship.

The memo does not treat every category the same. The legal questions depend on the worker's current status, immigrant petition category, travel history, prior filings and whether a visa number is available. Seattle workers in technology, health care, research, education and professional services should review the facts before assuming the memo either blocks or does not affect the case.

Employment-based adjustment usually depends on the relationship between the immigrant petition and visa availability. A Form I-140 may establish the immigrant category and priority date, but it does not always mean the applicant can immediately file or receive approval of Form I-485. The monthly Department of State Visa Bulletin controls immigrant visa availability by category and country of chargeability.

USCIS also posts monthly guidance telling applicants whether to use the Dates for Filing chart or Final Action Dates chart for adjustment filings. That monthly chart selection can affect whether an applicant may file Form I-485, even when final green card approval must wait. Seattle applicants in EB-2 and EB-3 categories, especially those born in countries with long backlogs, should check visa availability before planning I-485 filing, job portability, travel or dependent filings.

Not automatically. Consular processing is a separate immigrant visa process handled through the Department of State, often after the case moves through the National Visa Center. The Department of State provides general information on immigrant visa processing, and the National Visa Center explains its role in case processing.

For some applicants, consular processing may be appropriate. For others, leaving the United States could interrupt work, create family disruption, expose unresolved admissibility issues, or complicate a pending I-485 strategy. The choice should be based on the full record, not on the assumption that adjustment of status has ended.

Travel should be reviewed before departure, especially if Form I-485 is pending or if the applicant is relying on H-1B status, advance parole, or another basis for reentry. A worker should understand whether travel may abandon an application, whether a valid visa stamp is needed, whether advance parole has been approved and how reentry will affect future employment authorization.

Job changes also need careful review. An H-1B transfer, employer transition, layoff, remote-work move, material job change or gap in status can affect both nonimmigrant status and the employment-based green card path. I-485 portability may be available in some cases, but it has its own requirements and should not be assumed without checking the timing, job duties and sponsoring record.

Employers sponsoring foreign workers should treat the memo as a reason to keep documentation and timing organized. That includes the sponsored role, wage and worksite records, PERM or I-140 strategy, H-1B extension planning and any changes in job duties or reporting structure.

For Seattle employers, the highest-risk moments often occur during growth, restructuring, layoffs, remote-work changes, acquisitions and internal transfers. A worker may be close to filing Form I-485, waiting for a priority date, extending H-1B status beyond the standard six-year period, or evaluating portability after a pending I-485 reaches the required stage. Employer-side decisions should account for those immigration timelines before changes are finalized. Clear employer records can also reduce confusion if USCIS later asks for updated supporting evidence.

Legal review is useful when an applicant has a pending Form I-485, a recent or planned job change, international travel plans, prior status gaps, prior immigration complications, criminal history concerns, possible unauthorized employment, a dependent family member's separate status issue, or uncertainty about the Visa Bulletin.

Employers should consider legal review before changing a sponsored role, ending employment, moving a worker to a new worksite, restructuring a team, or asking a worker to travel while a green card case is active. Matty Luna at Crescent Law, PLLC provides immigration guidance for Seattle-area workers and employers navigating H-1B, work visa and employment-based green card questions.