LPY Law Group

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, entitled “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.” The memo signals that USCIS views adjustment of status (Form I-485) as an exception to the standard immigration process, and that most noncitizens seeking permanent residence should instead depart the United States and apply for an immigrant visa through a U.S. consulate abroad.

What the Memo Says — and What It Does Not

The Department of State has published the June 2025 Visa Bulletin, providing updated Dates for Filing and Final Action Dates for employment-based immigrant visa categories and green card applicants. While Final Action Dates control when applicants can receive a green card, the Dates for Filing chart helps the National Visa Center (NVC) determine when immigrant visa applicants outside the United States should begin assembling and submitting documentation for consular processing. If you are physically present in the United States and eligible to file Form I-485 (Application to Register Permanent Residence or Adjust Status), then the U.S. Citizenship and Immigration Services (USCIS) has confirmed that applicants must use the “Final Action Dates” chart for employment-based adjustment of status filings in June.

Below is a summary of the relevant Final Action Dates for the first, second, and third employment-based preference categories: