Green card applicants across the United States are confronting a rapidly shifting landscape as two major policy developments converge in June 2026: a sweeping USCIS memo reframing adjustment of status as "extraordinary" relief and the agency's decision to impose the more restrictive Final Action Dates chart for all employment-based filings.
Together, the changes are creating what immigration attorneys and advocacy groups describe as a two-front crisis — one that simultaneously narrows who can file for a green card and raises the bar for those who do.
The Adjustment of Status Memo: What It Says
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, titled "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."
While the memo does not change the statute or regulations, it directs officers to treat adjustment as an "extraordinary" and disfavored form of relief — and signals that USCIS intends to apply the discretionary component of Section 245 with materially heightened scrutiny.
USCIS Spokesman Zach Kahler stated: "We're returning to the original intent of the law to ensure aliens navigate our nation's immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances."
However, multiple legal analysts have noted a significant disconnect between the press release rhetoric and the memo's actual text.
The phrase "only in extraordinary circumstances" that appeared in the USCIS press release does not appear anywhere in the body of the memo itself — that language came from a political statement by an agency official, not from the policy guidance that will govern actual adjudications.
What the Memo Does — and Does Not — Do
The memo's operative language instructs officers to treat adjustment as "an extraordinary discretionary relief" and to deny applications absent a showing of unusual equities. However, it does not direct the agency to stop accepting or receiving new I-485 filings.
A mere policy memo cannot override the statutory filing right for applicants who meet threshold requirements under INA § 245 and 8 CFR 245.
The memo suggests the new policy may be less applicable to dual-intent nonimmigrant categories (e.g., H-1B, L-1 and their H-4 and L-2 dependents), where applying for adjustment of status is not inconsistent with maintaining status as a temporary visa holder.
Still,
the memo cautions that maintaining H-1B or L-1 dual-intent status alone is not sufficient, on its own, to warrant a favorable exercise of discretion.
Critics say the memo's legal reasoning is flawed.
Although adjustment of status is a discretionary benefit pursuant to INA §245(a), it has never been interpreted as an "extraordinary" form of relief. The characterization of adjustment of status as "extraordinary relief" is not present anywhere in the INA.
June Filing Rules Tighten the Vise
Compounding the uncertainty,
the Department of State's June 2026 Visa Bulletin confirms that USCIS will again require use of the Final Action Dates chart — rather than the more permissive Dates for Filing chart — for employment-based adjustment of status filings.
The Dates for Filing chart is not available for employment-based adjustment of status applications this month. Applicants who were eligible to file under the Dates for Filing chart but whose priority dates are not yet current under the Final Action Dates chart will be unable to file in June 2026.
Despite priority dates remaining current in certain EB-2 and EB-3 categories of the Dates for Filing chart in the May and June 2026 Visa Bulletins, USCIS announced it would instead use the Final Action Dates chart to determine who is eligible to file an AOS application.
The June shift marks a rapid reversal from earlier this year. In April, some employment-based categories briefly became "current," allowing certain applicants to file without delays. That window has now closed.
Indian Nationals Hit Hardest by Retrogression
The June Visa Bulletin delivers especially stark news for Indian-born applicants.
EB-2 India retrogresses by more than 10 months to September 1, 2013, while EB-1 India retrogresses by more than three months to December 15, 2022.
High demand and number use by aliens chargeable to India in the EB-1 and EB-2 visa categories has made it necessary to retrogress the final action dates to hold number use within the FY 2026 annual limit.
Further retrogressions, or making the categories "unavailable," may be necessary in the coming months if India's pro-rated limits in the EB-1 or EB-2 categories are reached before the fiscal year ends.
The State Department also flagged additional categories at risk:
EB-2 China may require retrogression or unavailability in coming months; EB-3 Philippines faces similar risk later in the fiscal year; and EB-5 Unreserved for India may require retrogression or unavailability as early as next month.
Growing Confusion on the Ground
Reports from the field suggest uneven implementation of the AOS memo.
Attorneys have reported a variety of approaches by USCIS officers, with some applicants asked why they have not returned home to apply or warned that their applications could be denied. Others have reported no change.
The most likely near-term consequence is an uptick in Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) as officers document their discretionary analysis more thoroughly. This could slow processing timelines and require more detailed responses to agency inquiries.
Meanwhile,
the Department of Homeland Security has clarified the policy, saying most green card applicants will not be required to leave the United States while their cases are processed.
But AILA's senior director of government relations, Sharvari Dalal-Dheini, pushed back.
She told Newsweek that "the agency has not provided updated public guidance about this alleged 'walk back'" and that "sharing information piecemeal about how a policy will be implemented via press, particularly those behind pay walls, is antithetical to good government and transparency."
Legal Challenges and Congressional Response
A collective consensus is rapidly forming among immigration advocates, top-tier law firms, and corporate stakeholders: PM-602-0199 is on shaky legal ground and is highly likely to be challenged — and potentially blocked — in federal court.
On the legislative front,
Senator Ruben Gallego has sent a letter aimed as a first step to reverse the policy, saying the move could help to repeal the USCIS memo that appears to significantly narrow access to the long-standing adjustment of status process.
The scale of potential impact is enormous.
Analysis of fiscal year 2024 data showed that around 1.36 million green cards were issued, with around 58 percent going to those already living in the U.S.
What Applicants Should Do Now
Immigration practitioners are urging applicants to take immediate, proactive steps:
- Verify your priority date against the June 2026 Final Action Dates chart before submitting any employment-based adjustment application.
- Prepare a "discretionary packet" documenting positive equities — employment history, community ties, family circumstances, and contributions — since
- Do not withdraw pending applications based solely on the memo.
- Consult an immigration attorney, particularly if you have an upcoming interview or are considering travel outside the United States.
This article is for informational purposes only and does not constitute legal advice. Individuals with questions about their specific immigration situation should consult a qualified immigration attorney.