USCIS: ‘Adjustment of Status is a Matter of Discretion.’ U.S. Citizenship and Immigration Services (USCIS) has issued a policy memorandum that has significant implications for foreign nationals who apply for lawful permanent residency while living in the United States. The memo clarifies that this process, referred to as “adjustment of status,” is “an extraordinary matter of discretion and administrative grace not designed to supersede the regular consular processing of immigrant visas.” While adjustment of status remains a viable pathway to lawful permanent residency, the memo instructs USCIS officials to “consider all relevant factors and information in the totality of the circumstances” when determining whether to approve an adjustment of status application for an applicant already living in the United States or require the applicant to apply for permanent residence via consular processing abroad. Nancy Shalhub, Edward J. Castillo, and Ryan A. Mosser have the details.
DOL’s Immigration Prevailing Wage Proposal Moves Forward. On May 26, 2026, the public comment docket closed on the U.S. Department of Labor’s (DOL) proposed rule, “Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States.” If finalized, the proposal would increase the prevailing wage levels employers must pay to employment-based immigrant and nonimmigrant visa holders. The U.S. Chamber of Commerce filed comments criticizing the proposal,...
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