Trusted Counsel.
Strategic Advocacy.

If you have a green card application pending — or are planning to file one — you've likely heard about the USCIS policy memo that came out on May 21, 2026. My phone and inbox have been busy since it dropped, and I want to give you a clear-eyed breakdown of what it actually says, what attorneys are seeing on the ground, and what you should be doing right now.

What the memo says. USCIS issued Policy Memo PM-602-0199, formally declaring that Adjustment of Status (AOS) — the process of applying for your green card without leaving the U.S. — is a matter of "discretion and administrative grace," not an entitlement. Even if you meet every statutory requirement, USCIS officers are now being directed to weigh positive and negative factors under a totality-of-the-circumstances analysis before approving your case. The memo also frames AOS as an exception to the "ordinary" consular process, signaling that officers should consider whether you could have — or should have — gone abroad to process your green card instead.

What this means in plain language. Officers have wider discretion. They are being told to look beyond just whether you're eligible — they're evaluating whether you deserve to stay in the U.S. to process your case versus going through a U.S. consulate abroad. Factors that can weigh against you include overstaying a visa, prior status violations, entry without inspection, or simply the fact that consular processing was available to you and you chose AOS instead. On the positive side: strong family ties, good moral character, employment, community contributions, hardship to U.S. citizen family members, and a clean immigration history all matter more than ever.

What attorneys are reporting from recent interviews. This is where things get interesting AND inconsistent. Colleagues around the country are reporting very different experiences since the memo came out. Some attorneys say their clients are being asked pointed new questions at AOS interviews, including: "Why didn't you return to your home country to apply for your green card?", "What was your intent when you first entered the U.S. on your visa?", and "What factors prevented you from consular processing?" Other attorneys report no new questions at all. Personally, I've had employment-based AOS cases approved after the memo issuance without interviews and without any mention of the memo. The reality right now is that application of this policy is uneven, and it depends heavily on which officer handles your interview.

What I'm advising my clients to do. First: do not panic, but do take this seriously. If you have a pending I-485, keep moving forward. The law did not change; your eligibility did not change. What changed is the lens through which your case will be evaluated. That means we need to be more intentional than ever about building your record of positive equities. Document your family ties, your employment, your community involvement, your clean history. If you have an interview coming up, we need to prepare you for these new discretionary questions — not just the standard marriage or employment questions you'd normally expect. Second, do not travel internationally right now without talking to your immigration attorney first. The risks of traveling while AOS is pending are heightened in this environment. Third, if you're considering filing AOS, let's talk strategy now rather than waiting. The memo signals that more category-specific guidance could be coming, and filing sooner under the current framework may be smarter than waiting to see what comes next.

The bottom line. This memo does not close the door on AOS. For employment-based applicants and spouses of U.S. citizens with clean records, strong family ties, and no status violations, your case profile remains among the strongest possible. But every case is different, and the margin for a casual, underprepared application has gotten significantly smaller. If you have questions about how this affects your specific situation, please reach out. This is exactly what I'm here for.

When the Presidential Proclamation dropped on September 19, 2025, it gave employers and immigration attorneys less than 48 hours to figure out what it meant. A $100,000 payment requirement for certain H-1B petitions, effective September 21. Needless to say, phones were ringing off the hook. The government has since released clarifications, but there are still open questions. Here's where things stand.

Does the fee apply to you? The short answer: it depends on where your employee is right now. The $100,000 payment applies to new H-1B petitions filed on or after September 21, 2025 for beneficiaries who are outside the U.S. and don't already have a valid H-1B visa. It also kicks in for petitions requesting consular notification or port of entry processing, and for cases where the beneficiary falls out of valid status — or leaves the U.S. — before their petition is adjudicated.

Good news: a lot of cases are exempt. The October 20, 2025 USCIS clarification was a relief for many. If your petition was filed before September 21, you're not subject to the fee. If your employee is already inside the U.S. in valid status and you're filing an amendment, extension, or change of status — including F-1 to H-1B — you're also in the clear, as long as USCIS approves the request and your employee stays put while it's pending. Current H-1B visa holders with approved petitions can continue to travel without triggering the fee.

Please, do not travel while your petition is pending. This is the one I keep repeating to clients. If you have an amendment, extension, or change of status pending and you leave the U.S. before it's adjudicated, USCIS can treat your case as requiring consular processing. That means the $100,000 fee. I've seen people make travel decisions without thinking through the immigration consequences — this is not the time for that. Call your attorney before you book anything.

What's still unclear. Even with the October guidance, there are still open questions around certain change-of-employer and amendment petitions, and what exactly you need to submit to qualify for the national interest exception. The proclamation is set for 12 months with potential for renewal, and we're watching for further guidance closely. I'll update this post as things develop.

What I'm telling employers right now. Take stock of where every sponsored employee is physically located and what petitions are pending or coming up. The difference between filing inside versus outside the U.S. is $100,000. That's not a rounding error — that's a strategy conversation. If you're not sure where your cases stand, let's talk.

Every month, the Department of State publishes the Visa Bulletin. Every month, my phone rings with the same question. What does it mean?

Let me explain it plainly.

What is the Visa Bulletin? It is a monthly publication from the U.S. Department of State. It tells you whether an immigrant visa number is available for your category and country of birth. No visa number available, you wait. Visa number available, you move forward.

Chart A vs. Chart B Two charts. Two very different meanings. And two very different groups of people who use them.

Chart A is for consular processing. If you are applying for your immigrant visa at a U.S. embassy or consulate abroad, Chart A is your chart. It is called the Final Action Dates chart. If your priority date is earlier than what Chart A shows for your category and country of birth, the consulate can issue your immigrant visa. You are cleared to enter the United States as a permanent resident.

Chart B is for adjustment of status. If you are already inside the United States and filing your I-485 to adjust your status to permanent resident, Chart B is what you look at. It is called the Dates for Filing chart. It is more permissive than Chart A. If your priority date is earlier than Chart B, you may be able to file your I-485 even before final approval is certain. You get in line. You get your work permit. You get your travel document. You wait with benefits rather than waiting without them.

The catch: USCIS decides each month whether to accept Chart B filings. When they do, it is a significant advantage. When they don't, adjustment of status applicants must also use Chart A.

Your priority date Think of it as your place in line. For family-based cases, it is the date your I-130 was filed. For employment-based cases, it is usually the date your PERM labor certification was filed. Earlier date, closer to the front.

Why some countries wait longer The law caps the number of visas available per country each year. High-demand countries like the Philippines, India, China, and Mexico hit those caps fast. The backlog builds. If you were born in a lower-demand country, your date may become current quickly. If not, patience is required. And strategy.

What to do Check the Visa Bulletin every month. Your priority date does not move. The cutoff dates do. Sometimes forward. Sometimes backward. When your date becomes current on Chart A, act. When Chart B is available and you qualify, call your attorney. Filing earlier almost always works in your favor.

If you are not sure how to read your priority date or which chart applies to you, that is what a consultation is for. Immigration timelines are long. The earlier you understand where you stand, the better you can plan.

If you are a nurse or physical therapist trying to get your green card, you have heard two terms. Schedule A. PERM. Here is what they mean. And why the difference matters enormously.

What is PERM? PERM stands for Program Electronic Review Management. It is the standard labor certification process. Before your employer can sponsor you for a green card, the Department of Labor requires proof. Proof that no qualified U.S. worker is available for your position. That means job ads. Recruitment documentation. A formal DOL filing. Right now, the process is taking around 16 months. And that is before you even file with USCIS.

What is Schedule A? Schedule A is a shortcut. A legal one. The Department of Labor has already determined that certain occupations face a nationwide shortage of U.S. workers. Employers in those fields skip the PERM recruitment process entirely. They file the I-140 immigrant petition with USCIS directly. Months saved. Sometimes years.

Two groups matter most to my clients.

Group I covers registered nurses and physical therapists. Valid, full, unrestricted U.S. license. Required exams passed. You likely qualify. This is the most commonly used Schedule A pathway.

Group II covers workers of exceptional ability in the sciences or arts and certain religious workers. Less common in healthcare. But worth knowing.

Why this matters right now The travel ban. The 221(g) holds. The frozen adjudications. Healthcare workers from certain countries have been waiting far too long. Schedule A cases move faster through USCIS. In an environment where every month of delay has real consequences, speed matters. For the nurse. For the therapist. For the hospital waiting for them.

The catch Schedule A does not erase the backlog. If you were born in the Philippines or India, your priority date still determines when you get your green card. But filing sooner means your place in line is established sooner. Over the long term, that matters enormously.

Other healthcare workers Physicians, medical technologists, and other occupations not covered by Schedule A must go through regular PERM. It is still very doable. It requires a well-documented recruitment process and a willing employer. If you are in this category, start early. The process rewards those who plan ahead.

The bottom line Nurse or physical therapist with a willing employer? Schedule A is almost always the right path. Other healthcare occupation? PERM is the route. We know both well. Either way, do not wait. The immigration process for healthcare workers is long under the best of circumstances. Starting now is always better than starting later.