Aatithya Tamrakar

05/28/2026

Good News: I-485 Approvals Are Still Happening After the New USCIS Memo

Many applicants have been concerned after the recent USCIS policy memo dated May 21, 2026, which emphasized that Adjustment of Status is a discretionary benefit and that USCIS officers may review cases more carefully before approving Form I-485.

The important update is this: I-485 cases are still being approved. In fact, we received a few I-485 approvals this week even after the new memo was published.

This is a positive sign for applicants, but it does not mean cases should be taken lightly. The memo does not cancel Adjustment of Status. It does not mean every case will be denied. However, it does mean applicants should be more careful and better prepared than before.

Recently, one of the main issues being asked during I-485 interviews is:
Why did the applicant choose Adjustment of Status inside the United States instead of consular processing abroad?

Officers may also ask whether consular processing was possible, and if it was possible, whether there was any valid reason that restricted or discouraged the applicant from applying through the U.S. consulate in their home country.

Applicants should be prepared to clearly explain their situation, including reasons such as family unity, hardship, medical concerns, safety concerns, financial limitations, school or work obligations, pending applications, fear of long separation, country conditions, lack of practical ability to travel, or other personal circumstances that made Adjustment of Status the more reasonable and appropriate option.

This means that simply submitting the basic forms and documents may no longer be enough in many cases. A strong I-485 filing should include a well-organized packet, clear supporting evidence, a detailed explanation of the applicant’s immigration history, and preparation for possible questions during the interview.

For applicants who entered the United States on visitor visas, student visas, exchange visitor visas, or other nonimmigrant classifications, it is especially important to explain the case carefully and avoid inconsistencies.

The good news is that approvals are still happening. The key is preparation.

Before filing your Adjustment of Status application, or before attending your interview, make sure your case is reviewed carefully and that your documents, timeline, and answers are consistent.

05/22/2026

ADJUSTMENT OF STATUS IS NOT CANCELLED OR TERMINATED....

USCIS ISSUES NEW MEMO ON ADJUSTMENT OF STATUS DISCRETION – EFFECTIVE MAY 21, 2026

On May 21, 2026, USCIS issued a new policy memorandum emphasizing that Adjustment of Status (Green Card process inside the United States) is a discretionary benefit and not an automatic right. The memo reminds officers that Adjustment of Status is considered an “extraordinary” form of relief and that applications should receive closer scrutiny during adjudication.

This is especially important for individuals who originally entered the United States on temporary nonimmigrant visas such as:
• B-2 Visitor Visa
• F-1 Student Visa
• M-1 Vocational Student Visa
• J-1 Exchange Visitor Visa
• Other temporary nonimmigrant categories

USCIS is placing greater focus on whether applicants truly complied with the purpose and conditions of their original visa status before applying for permanent residence.
Officers may now closely examine:
• Whether the applicant maintained lawful status
• Prior unauthorized employment
• Misrepresentation or immigrant intent concerns
• Failure to comply with visa conditions
• Gaps in status or immigration violations
• Whether the applicant used Adjustment of Status to bypass the regular consular process

Applicants who entered the U.S. temporarily but later filed for Adjustment of Status may face increased scrutiny regarding their original intent at the time of entry. Cases involving B-2 visitors, students, or other temporary visa holders may require stronger documentation and legal explanation than before.

This DOES NOT mean approvals are impossible. Many cases remain approvable. However, filings now need to be prepared more carefully, with detailed evidence, proper legal strategy, and complete documentation to address discretionary concerns proactively.

The quality of the filing matters more than ever.
If you are considering filing for Adjustment of Status or already have a pending I-485 application, it is important to review your immigration history carefully and ensure your case is properly documented before submission or interview.
If you need assistance reviewing your case, preparing your filing, feel free to contact us for guidance and support.

05/22/2026

USCIS ISSUES NEW MEMO ON ADJUSTMENT OF STATUS DISCRETION – EFFECTIVE MAY 21, 2026

On May 21, 2026, USCIS issued a new policy memorandum emphasizing that Adjustment of Status (Green Card process inside the United States) is a discretionary benefit and not an automatic right. The memo reminds officers that Adjustment of Status is considered an “extraordinary” form of relief and that applications should receive closer scrutiny during adjudication.

This is especially important for individuals who originally entered the United States on temporary nonimmigrant visas such as:
• B-2 Visitor Visa
• F-1 Student Visa
• M-1 Vocational Student Visa
• J-1 Exchange Visitor Visa
• Other temporary nonimmigrant categories

USCIS is placing greater focus on whether applicants truly complied with the purpose and conditions of their original visa status before applying for permanent residence.
Officers may now closely examine:
• Whether the applicant maintained lawful status
• Prior unauthorized employment
• Misrepresentation or immigrant intent concerns
• Failure to comply with visa conditions
• Gaps in status or immigration violations
• Whether the applicant used Adjustment of Status to bypass the regular consular process

Applicants who entered the U.S. temporarily but later filed for Adjustment of Status may face increased scrutiny regarding their original intent at the time of entry. Cases involving B-2 visitors, students, or other temporary visa holders may require stronger documentation and legal explanation than before.

This DOES NOT mean approvals are impossible. Many cases remain approvable. However, filings now need to be prepared more carefully, with detailed evidence, proper legal strategy, and complete documentation to address discretionary concerns proactively.

The quality of the filing matters more than ever.
If you are considering filing for Adjustment of Status or already have a pending I-485 application, it is important to review your immigration history carefully and ensure your case is properly documented before submission or interview.
If you need assistance reviewing your case, preparing your filing, feel free to contact us for guidance and support.

03/20/2026

April 2026 Visa Bulletin: A Real Window of Hope for Employment-Based Applicants

If you’ve been waiting for your priority date to become current, you already know how frustrating the process can feel. Months turn into years, and sometimes it feels like nothing is moving.
But the April 2026 Visa Bulletin brings something we don’t say lightly in immigration, real movement and real opportunity.

Over the past few years, many employment-based applicants, especially in EB-2 and EB-3 have been stuck in long backlogs. People with approved I-140s have been waiting without clarity, often just hoping for even a small shift forward.

This month, we are finally seeing meaningful progress.
EB-1 continues to show steady movement. EB-2 has moved forward in a way that will allow many applicants to finally take the next step. Even EB-3, while slower, is showing enough progress to open doors for some who have been waiting patiently for years.

For many people, this is not just another update.
This could be the moment where things finally start moving.

So what does this actually mean for you?
If your priority date is now current or getting close, this is your chance to move forward with your green card process.
You may now be able to:
• File your I-485 (Adjustment of Status)
• Apply for your work permit (EAD)
• Apply for travel authorization (Advance Parole)
And most importantly, you move one step closer to stability and long-term security in the United States.

What makes this especially important is timing.
Visa bulletin movement is never guaranteed. We often see progress for a few months, followed by slowdowns or even retrogression. That means opportunities like this don’t stay open forever.
We’ve seen many situations where someone becomes eligible but waits too long to act, and then the dates move backward again.
If you’ve been waiting for years, this is the kind of update you’ve been hoping for.
Whether you’re in EB-2, EB-3, or even EB-1, this is a good time to check your case carefully and see where you stand.

Sometimes, all it takes is one bulletin like this to finally move your case forward after a long period of waiting.
If you’re not sure whether your priority date is current or whether you can file now, feel free to reach out to us.

We’re happy to review your case, explain your options clearly, and help you take the next step at the right time.
This might finally be your window.

02/18/2026

🚨 H-1B CAP SEASON IS HERE – FY 2027 🚨

If your company is planning to sponsor an employee for an H-1B visa with a start date of October 1, 2026, the time to prepare is NOW.

📅 H-1B Registration Window:
March 4, 2026 – March 19, 2026

This year brings important changes:

✔️ USCIS is implementing a wage-weighted selection system instead of a purely random lottery.
✔️ Early planning on job title, SOC code, wage level, and worksite strategy is more important than ever.
✔️ Employers must be careful with compliance, documentation, and proper registration filing.
✔️ Certain cases involving workers outside the U.S. may face additional financial requirements.

Whether you are:
• An employer looking to sponsor talent
• A startup hiring your first H-1B employee
• A professional currently on OPT or another status
• A company filing transfers, amendments, or cap-exempt petitions

Proper strategy and preparation can make all the difference this year.

Our firm is now scheduling H-1B strategy consultations for employers and beneficiaries. We assist with:
• Registration filings
• Wage level analysis
• LCA preparation
• Full petition drafting
• RFE responses
• Compliance guidance

Do not wait until the last minute. Registration is short, and preparation takes time.

📩 Message us today or call our office to get started.

01/23/2026

Important Update:

We want to share an important and encouraging update regarding TPS cases.

Following the recent court case related to TPS, our firm submitted few Change of Status applications from TPS to F-1 on behalf of our clients. We are pleased to confirm that we have started receiving approvals as of today. This clearly demonstrates that there is still a viable opportunity to change status while TPS remains in effect.

However, this window will not remain open indefinitely. Once TPS is finally terminated, these options may no longer be available.

If you are currently in TPS status and are considering a change of status, we strongly encourage you to act without delay. Early action and proper filing are critical.

For consultations or case evaluations, please contact our office as soon as possible.

09/20/2025

New Presidential Proclamation Restricts H-1B Entry Without $100,000 Payment

Date: September 20, 2025

The White House has issued a new proclamation significantly impacting the ability of certain H-1B nonimmigrant workers to enter the United States. This change may affect your business’s hiring and mobility plans.

Key Highlights
• $100,000 Payment Requirement:
Effective September 21, 2025, H-1B workers outside the United States will only be allowed entry if the petition is accompanied by a $100,000 supplemental payment.
• Duration:
The restriction will remain in effect for 12 months, unless extended by the administration.
• National Interest Waiver:
The Department of Homeland Security (DHS) may exempt individuals, employers, or entire industries from this requirement if it is in the national interest and does not threaten U.S. security or welfare.
• Employer Obligations:
Employers must provide proof of payment when filing petitions for H-1B workers abroad. DHS and the Department of State will verify this payment before granting entry or visa approval.
• Future Policy Changes:
The proclamation directs the Department of Labor to revise H-1B prevailing wage levels and requires DHS to prioritize higher-skilled and higher-paid workers in admissions.

Impact on Employers
• Recruitment Delays: Expect disruptions for employees currently abroad or new hires waiting for visa stamping.
• Increased Costs: The $100,000 requirement represents a significant new financial obligation.
• Compliance Burden: Employers must maintain documentation and prepare for potential audits or enforcement actions.
• Travel Risks: H-1B employees traveling internationally should consult counsel before leaving the U.S., as re-entry may be denied without payment.

Next Steps
1. Review Your Workforce: Identify H-1B workers currently outside the U.S. or with upcoming travel plans.
2. Plan for Budget Impact: Factor in the $100,000 fee for any upcoming petitions or consular processing.
3. Seek Legal Guidance: Consider applying for a national interest exemption where possible.
4. Monitor for Updates: Further DHS and DOL guidance on compliance, exemptions, and wage level changes is expected soon.

We are actively monitoring developments and can assist in preparing exemption requests, compliance documentation, and strategic workforce planning.

08/20/2025

08/20/2025

🚨 Latest Update on TPS for Nepal (August 20, 2025) 🇳🇵
Dear community members,
Here is the most recent and important news about Temporary Protected Status (TPS) for Nepal.

What Happened?
On August 20, 2025, the Ninth Circuit Court of Appeals made a ruling that directly affects Nepali TPS holders.
The court decided to allow the Trump administration to move forward with ending TPS for Nepal (as well as Honduras and Nicaragua).
This ruling overturned a previous lower court order from July 31, 2025, which had temporarily protected TPS holders until November 18, 2025.

What Does This Mean for Nepali TPS Holders?
Before this appeals court decision, Nepali TPS holders were safe until November 18, 2025, with valid work permits and legal protection.
Now, because of the new ruling, the government can end TPS at any time, even before November.
This creates a lot of uncertainty:
Your work permits (EADs) and legal status are no longer guaranteed until November.
DHS (Department of Homeland Security) now has the legal authority to move forward with termination.

In Simple Terms:
As of today, TPS for Nepal is in danger again. The government now has the green light to end it, even though many believed protections would last until November 18.
We will continue to update the community as soon as new developments come out. Please share this post to inform others.

If you or your family are on TPS, please contact us immediately to discuss your legal options for relief and other immigration pathways. We are here to help guide you through this uncertainty.