On June 4, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, reaffirming an important principle of U.S. immigration law: Adjustment of Status (AOS) is a discretionary benefit, not an automatic entitlement.
While the memorandum does not change existing immigration laws, it serves as a reminder that even applicants who meet all statutory requirements for permanent residence may still be subject to discretionary review by USCIS officers.
For Canadians living and working in the United States, this policy clarification highlights the importance of careful immigration planning when pursuing a U.S. green card.
What Is Adjustment of Status?
Adjustment of Status allows eligible foreign nationals who are already inside the United States to apply for permanent residence (a Green Card) without leaving the country.
Many Canadians pursue Adjustment of Status through:
- Employer-sponsored green cards (EB-2 and EB-3)
- Family sponsorship
- Marriage to a U.S. citizen
- Extraordinary Ability petitions (EB-1)
- National Interest Waiver (NIW) applications
Historically, Adjustment of Status has been an attractive option because applicants can often remain in the United States while their application is processed.
What Does USCIS Policy Memorandum PM-602-0199 Say?
The memorandum clarifies that immigration officers retain discretion when adjudicating Adjustment of Status applications under Section 245 of the Immigration and Nationality Act (INA).
USCIS officers may consider the totality of the circumstances when deciding whether an applicant merits approval.
This does not mean Adjustment of Status is being eliminated.
Instead, USCIS is emphasizing that meeting eligibility requirements alone does not guarantee approval.
What the Memorandum Does Not Change
There has been considerable discussion online regarding the policy. However, several important aspects of U.S. immigration law remain unchanged.
The memorandum does not:
- Eliminate Adjustment of Status
- Change eligibility requirements under INA Section 245
- Prevent employment-based applicants from filing Form I-485
- Prevent family-based applicants from applying for permanent residence
- Require applicants to use consular processing instead of Adjustment of Status
Applicants who qualify for Adjustment of Status may still pursue this pathway.
Why Canadian Professionals Should Pay Attention
Canadians are among the largest groups of professionals working in the United States.
Many are employed under:
- TN Professional status
- L-1 Intracompany Transferee status
- H-1B Specialty Occupation status
- O-1 Extraordinary Ability status
- E-2 Treaty Investor status
Many eventually transition from temporary status to permanent residence.
The renewed focus on discretionary review means applicants should ensure their immigration history is well documented and consistent throughout the process.
Special Considerations for TN Visa Holders
Canadian TN professionals should be particularly mindful of long-term immigration planning.
Unlike H-1B and L-1 classifications, TN status is generally considered a temporary non-immigrant category and does not explicitly recognize dual intent.
As a result, applicants should carefully evaluate:
- Timing of immigrant petition filings
- International travel plans
- Maintenance of valid TN status
- Green card strategy
- Whether Adjustment of Status or consular processing is the stronger option
For many Canadian professionals, early planning can help avoid complications later in the green card process.
Impact on Employment-Based Green Card Cases
Canadians pursuing employer-sponsored green cards through EB-2 or EB-3 classifications remain eligible for Adjustment of Status.
However, applicants should be prepared to demonstrate:
- Lawful admission into the United States
- Compliance with immigration requirements
- Maintenance of valid status where required
- Eligibility under the applicable immigrant category
Employers should also ensure that PERM labor certification filings and supporting documentation remain accurate and complete throughout the process.
Impact on Family-Based Green Card Applications
Canadian citizens sponsored by:
- U.S. citizen spouses
- U.S. citizen parents
- Adult U.S. citizen children
- Permanent resident family members
remain eligible to pursue Adjustment of Status where permitted by law.
Immediate relatives of U.S. citizens continue to benefit from some of the most favorable provisions under U.S. immigration law.
Nevertheless, applicants should ensure all filings are accurate, complete, and supported by strong evidence.
Adjustment of Status vs. Consular Processing
One question many applicants are now asking is whether consular processing may become a more attractive option.
The answer depends entirely on the circumstances of the case.
| Immigration Category | Adjustment of Status Available? | Key Considerations |
|---|---|---|
| H-1B | Yes | Dual intent generally recognized |
| L-1 | Yes | Common pathway to permanent residence |
| TN | Potentially | Timing and immigrant intent considerations remain important |
| Family-Based Cases | Yes | Strong option for eligible applicants |
| EB-2 / EB-3 | Yes | Documentation and compliance remain critical |
There is no universal solution. A strategy that works for one applicant may not be appropriate for another.
What Canadians Should Do Now
If you are a Canadian citizen currently living or working in the United States, consider:
- Maintaining valid immigration status at all times
- Keeping copies of immigration filings and approvals
- Reviewing long-term green card plans regularly
- Consulting immigration counsel before international travel
- Evaluating whether Adjustment of Status or consular processing best fits your circumstances
The USCIS memorandum does not close any immigration pathways, but it reinforces the importance of proactive planning and strong documentation.
How Visaserve Can Help
At Visaserve Immigration Law P.C., we regularly advise Canadian professionals, executives, investors, and families navigating cross-border immigration matters.
Whether you are working in the United States under TN, L-1, H-1B, E-2, or O-1 status, understanding your long-term immigration options is essential.
Our team can help assess your immigration strategy and coordinate with trusted U.S. immigration counsel where appropriate to support your permanent residence goals.
This article is for general informational purposes only and does not constitute legal advice. Immigration outcomes depend on the specific facts of each case. Individuals should seek professional legal advice before making immigration decisions.
