USCIS’s new Policy Memorandum PM-602-0199 is creating concern among immigrants applying for Adjustment of Status (AOS), particularly those seeking green cards from within the United States. Immigration attorneys say the memo does not change the law, but it increases discretionary scrutiny by officers reviewing Form I-485 applications. The impact is expected to vary significantly depending on the applicant’s visa category, with temporary visa holders such as F-1 students and B-1/B-2 visitors facing greater exposure than applicants in dual-intent categories like H-1B and L-1 visas. The memorandum, issued on May 21, 2026, instructs USCIS officers to apply heightened discretionary review when deciding green card applications. Attorneys say the policy particularly affects visa categories that were originally issued with an expectation that the holder would leave the United States after completing a temporary purpose.Also Read| Green card rules change: An immigration lawyer answers all your key questionsH-1B and L-1 Holders Remain Better Protected Immigration attorneys say H-1B and L-1 visa holders are among the least exposed under the new guidance because both categories are legally recognized as “dual-intent” visas. Under U.S. immigration law, H-1B and L-1 holders may legally intend to remain in the United States permanently while also maintaining temporary visa status. Attorneys say the USCIS memorandum does not override these statutory protections. Still, lawyers recommend that applicants in these categories prepare stronger evidence showing positive equities, including employment history, tax compliance, community ties, and family connections in the United States.F-1 Students Face Higher Exposure F-1 student visa holders are expected to face significantly more scrutiny under the new guidance because the visa category is strictly non-immigrant in nature. Students enter the United States with the expectation that they will return to their home country after completing their studies or authorized training programs. Attorneys say USCIS officers may now question whether an applicant’s decision to pursue permanent residence is consistent with the original terms of entry. According to the legal analysis accompanying the memo, officers are expected to treat many student-based Adjustment of Status filings negatively unless applicants can demonstrate exceptional circumstances or strong positive factors supporting approval. Lawyers say F-1 applicants may now need stronger documentation showing lawful compliance, educational achievement, employment history, and community involvement.Tourist Visa Holders Could Face the Greatest Scrutiny B-1/B-2 visitor visa holders are among the categories most directly affected by the memorandum, according to immigration attorneys. Visitor visas are issued on the condition that the individual intends to stay temporarily and leave the United States after the authorized visit. USCIS officers are now expected to examine whether a green card applicant entered the country with a pre-planned intention to remain permanently. Attorneys say officers may closely review the timing of marriage, employment activity, immigration filings, or other post-entry actions that could suggest preconceived immigrant intent. The memo indicates that officers may apply heightened scrutiny in cases where Adjustment of Status applications are filed shortly after entry on a visitor visa.EB-5 Investors Retain Statutory Protections Attorneys say EB-5 investors remain in a relatively strong position despite the new memo because Congress specifically authorized concurrent filing of Form I-526E and Form I-485 under the 2022 EB-5 Reform and Integrity Act. Legal experts note that an agency memorandum cannot override statutory rights created by Congress. As a result, EB-5 investors may continue filing Adjustment of Status applications from within the United States where eligible. However, lawyers still recommend building a strong discretionary record with evidence of economic contribution, lawful presence, and compliance with immigration requirements.Employment-Based Applicants May Face More Detailed Review Applicants in employment-based green card categories such as EB-1, EB-2, and EB-3 are generally viewed as being in a better position than temporary visitors or students, particularly if they hold dual-intent visas. Even so, attorneys say the memo is expected to increase discretionary review across employment-based Adjustment of Status applications. Lawyers now advise applicants to include affirmative evidence of positive equities rather than relying only on statutory eligibility and a clean immigration record.Family Members May Also Face Independent Review Derivative beneficiaries, including spouses and children included in the same green card application, are generally evaluated through the principal applicant’s case. However, attorneys warn that USCIS officers may still separately review each family member’s immigration history, visa category, and prior violations. Lawyers say applicants should ensure that every family member’s file is fully documented and consistent.