On May 21, 2026, U.S. Citizenship and Immigration Services issued Policy Memorandum PM-602-0199, reframing adjustment of status under section 245 of the Immigration and Nationality Act as an “extraordinary” form of relief and a matter of “administrative grace” not designed to supersede the regular consular visa process. For H-1B and L-1 visa holders pursuing employment-based permanent residence through Form I-485, this memo represents a meaningful shift in how USCIS officers are instructed to weigh discretionary factors. While the memo concedes that dual-intent categories are different, a footnote walks the concession back by stating that maintenance of dual-intent status, on its own, is not sufficient to warrant a favorable exercise of discretion. The message to practitioners and applicants is clear. Every employment-based I-485 file should now be built not only to satisfy statutory eligibility but to affirmatively persuade the officer that the applicant merits the exercise of administrative grace.

A practical caveat at the outset. The recommendations in this article reflect best practices in light of the memo’s stated framework, but it remains to be seen how USCIS adjudicators will actually apply PM-602-0199 in individual cases. Officer-level implementation, RFE patterns, and denial trends will develop over the coming months, and our approach will be refined as the adjudication picture becomes clearer. In the meantime, the prudent course is to build the affirmative...

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