New USCIS Policy on Green Cards

On Friday, May 22, 2026, USCIS issued a new policy memo on Adjustments of Status (the process whereby a temporary work visa holder becomes a green card holder in the U.S.). The memo reminds officers that adjustment of status decisions include the use of USCIS officer discretion and provides factors that should be considered in determining whether to use that discretion to grant permanent residence. One of those factors, new to this memo, is being admitted in a temporary visa status that does not include dual intent. These would include temporary intent visas such as the TN or E-2.

This memo has the least impact on H-1B and L visa status holders, who do have dual intent (allowing for the holder to have the intent to be permanently or temporarily in the U.S.). The memo strongly encourages people to use consular processing for the green card (processing your green card outside the U.S.).

We expect further updates as the memo is put into practice. To be clear, this memo does not ban adjustment of status or foreclose the possibility of seeking a green card.

Please contact the Immigration Attorneys at Hodgson Russ for specific questions and guidance.

Disclaimer

This Client alert is a form of attorney advertising. Hodgson Russ LLP provides this information as a service to its clients and for other readers for educational purposes only. Nothing in this client alert should be construed as, or relied upon as, legal advice or as creating a lawyer-client relationship.