USCIS Limits Adjustment of Status; What It Means for L-1 and EB-1C Applicants

USCIS Policy Memorandum PM-602-0199 redefines AOS under Form I-485 as an “extraordinary discretionary benefit,” generally favoring immigrant visa processing at U.S. consulates abroad after petition approval. This reverses prior practice where AOS was routinely granted within the U.S. and signals stricter scrutiny and possible denials for AOS requests except in limited circumstances (e.g., humanitarian reasons).

From our experience handling over 200 enterprise immigration cases, L-1 intracompany transferees and EB-1C multinational managers often rely on AOS to adjust status without leaving the U.S. This policy means many must now plan for consular processing, which involves scheduling interviews at U.S. embassies or consulates in China. Clients should review local consulate appointment availability and prepare documents accordingly to avoid delays or denials.

First, check your current I-797 approval notice and USCIS case status online to confirm eligibility for AOS or consular processing. Second, coordinate with your immigration counsel and HR to gather all necessary civil, financial, and corporate documents required by consulates, as consular officers may request additional evidence. Third, consider the timing of visa bulletin dates and consulate appointment backlogs, as these will directly impact your green card timeline.

Yes. Under 8 CFR §245.1(c) and USCIS guidance, AOS may still be granted for applicants with compelling humanitarian reasons, refugees or asylum seekers, or those who qualify under INA §204(l) for portability or adjustment after certain conditions. We advise clients to document any such qualifying factors thoroughly. For example, one recent client with approved EB-1C petition requested AOS citing urgent family health issues and successfully obtained USCIS discretion approval. In summary, this policy shift means enterprise immigration clients should proactively plan consular processing, prepare comprehensive documentation, and engage early with counsel to maintain smooth green card transitions. Checking consular wait times and visa bulletin updates monthly is now more critical than ever. ---