Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 09 JULY 2026

Adjustment Of Status vs. Consular Processing?

Klasko Immigration Law Partners
Explore more from Klasko Immigration Law Partners

In May 2026, USCIS issued a policy memo on adjustment of status (AOS) that has reshaped how the agency evaluates green card applications filed from within the United States.

United StatesImmigration
Jessica A. DeNisi
Jessica A. DeNisi
Natalia Gouz
Natalia Gouz
Author LinkedIn connections

In May 2026, USCIS issued a policy memo on adjustment of status (AOS) that has reshaped how the agency evaluates green card applications filed from within the United States. On the latest episode of Statutes of Liberty, host and Senior Associate Natalia Gouz sits down with Partner Jessica DeNisi, who brings additional insight from her background with the U.S. Department of State, to unpack what the memo says, how it has played out in practice, and what it means for green card applicants and the employers who sponsor them. Their conversation covers everything from immediate response strategies to a detailed comparison of adjustment of status and consular processing.

What the New Policy Memo Says

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

October 2026 Visa Bulletin Advances EB-5 Filing Date For Mainland China By 4 Years

The U.S. Department of State has released the October 2026 Visa Bulletin, marking the start of fiscal year 2027 with significant changes to employment-based immigrant visa categories. How will the advancement of priority dates, particularly the substantial four-year leap for mainland China-born EB-5 investors in the Dates for Filing chart, impact eligible applicants seeking adjustment of status benefits?
GlobalImmigration
Greenberg Traurig
Greenberg Traurig
Article

DHS Continues Work Authorization For Ukrainian, Sudanese TPS Beneficiaries; I-9 Guidance Remains Unclear

The Department of Homeland Security has not issued formal determinations for Temporary Protected Status designations for Ukraine and Sudan despite the October 19, 2026 expiration date, creating uncertainty for employers navigating Form I-9 compliance and employment authorization documentation. USCIS states that affected individuals retain TPS protections and work authorization, but has not updated operational guidance to explain how employers should document continued employment eligibility or handle
United StatesImmigration
Greenberg Traurig
Greenberg Traurig
Article

DHS Proposes $70,000 And $30,000 Fees For F-1 Optional Practical Training

The Department of Homeland Security has proposed a controversial new rule requiring SEVP-certified schools to pay substantial fees—$70,000 for a student's first Optional Practical Training recommendation and $30,000 for each subsequent OPT application, including STEM extensions. With only a 30-day comment period and potential annual costs reaching up to $16.5 billion across nearly 2,500 affected institutions, the proposed regulation is expected to face significant legal challenges if finalized.
United StatesImmigration
Duane Morris LLP
Duane Morris LLP
Article

DHS Proposes New OPT Fees: What It Means For F-1 Students, Schools, Employers

The Department of Homeland Security has proposed imposing fees of $70,000 for initial Optional Practical Training periods and $30,000 for subsequent periods including STEM extensions, with schools bearing the direct cost burden. The proposal aims to combat fraud and abuse within the OPT program while protecting U.S. workers, but could significantly impact international student hiring strategies and the availability of OPT talent for employers.
United StatesImmigration
Jackson Lewis P.C.
Jackson Lewis P.C.
Article

Duration Of Status Rule Postponed Before It Takes Effect

A federal court in Massachusetts has postponed the Department of Homeland Security rule that would have ended 'duration of status' admissions for F, J, and I nonimmigrants, originally scheduled to take effect September 15, 2026. This preliminary injunction affects students, exchange visitors, foreign media representatives, and their sponsoring institutions, though the postponement is not a final invalidation of the rule and litigation continues.
United StatesImmigration
Klasko Immigration Law Partners
Klasko Immigration Law Partners
Article

DHS Rescinds 2022 Public Charge Rule

The Department of Homeland Security has rescinded the 2022 public charge rule, replacing it with a broader, discretionary standard for evaluating whether immigrant visa applicants are likely to become primarily dependent on government assistance. This policy shift, effective September 2026, eliminates previous limitations on which public benefits can be considered and grants immigration officers expanded authority in making public charge determinations that could result in visa denials.
United StatesImmigration
Klasko Immigration Law Partners
Klasko Immigration Law Partners