Attorney's Response on the latest memo !
One of the reputed firms handling EB2 NIW/AOS cases responded to my inquiry regarding the new USCIS memo stating that Adjustment of Status would be granted only in “extraordinary circumstances.”
I’m currently on E2 status and considering EB2 NIW based AOS, so naturally the wording sounded concerning at first.
Their response was essentially:
“The memo does not prevent the filing of new I-485 applications.”
“It does not direct officers to deny currently pending I-485 applications.”
“It reiterates existing guidance directing officers to the USCIS Policy Manual on discretionary analysis.”
They also emphasized that AOS has always involved discretionary review and “totality of circumstances” analysis.
Obviously there’s still uncertainty around implementation, but their interpretation did not sound like:
“employment based AOS is over.”
More like:
“USCIS is reinforcing discretionary authority.”
After reading the memo myself, it also seems relevant that INA 245(c)(7) and existing USCIS guidance specifically contemplate employment based adjustment pathways for applicants maintaining lawful nonimmigrant status.
Thought I’d share since the headlines today definitely caused some panic.