POLICY MANUAL UPDATE: Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process
Citizenship and Immigration Services
Notice Date: May 21, 2026
Effective Date: May 21, 2026
This memorandum reminds officers and the public that adjustment of status under section 245 of the Immigration and Nationality Act is a matter of discretion and administrative grace not designed to supersede the regular consular processing of immigrant visas. USCIS reaffirms this consistent and longstanding approach and declares, as a matter of general policy, its intention to faithfully apply the statutes in a manner consistent with this understanding.
Aliens often remain in the United States for years after their visa expires, waiting for processing of their application for adjustment of status. This allows temporary employment visas to transform into permanent indentured servitude. This policy memo can end that loophole and force employers to hire Americans.