As Global Chamber continues fostering international business connections and cross-border growth opportunities, businesses and global professionals should be aware of an important new U.S. immigration policy development that may impact international employees, founders, investors, and families pursuing permanent residence in the United States. This is a guest blog from the Weiss and Moy regarding the new USCIS policies.
On May 21, 2026, USCIS issued new policy guidance emphasizing that Adjustment of Status (AOS) — the process of applying for a green card from within the United States — is a discretionary benefit and not an automatic right.
While adjustment applications have always involved discretion, this guidance signals increased scrutiny in many employment-based and family-based green card cases filed inside the United States.
While discretionary analysis in Adjustment of Status cases is not new and has long existed under immigration law, the current administration is signaling that USCIS officers may exercise that discretion more aggressively. Officers are placing increased focus on a thorough "totality of the circumstances" analysis and may weigh the following factors more heavily when reviewing applications.
Factors That May Be Viewed Negatively
The policy identifies several factors officers may weigh negatively, including:
- Immigration status violations or overstays
- Fraud or misrepresentation concerns
- Conduct inconsistent with prior visa status
- Applying for Adjustment of Status where consular processing is available
- Allegations of "preconceived intent" to immigrate
Factors That May Be Viewed Positively
At the same time, USCIS confirms officers may consider positive factors such as:
- Strong family ties in the United States
- Long-term lawful presence
- Community involvement
- Good moral character
- Employer sponsorship
- Economic contributions and specialized skills benefiting the U.S. economy
Who May Be Impacted?
This policy update is particularly relevant for:
- Multinational companies employing foreign nationals
- International startups expanding into the U.S.
- Employment-based green card applicants
- Global investors and entrepreneurs
- Families pursuing permanent residence from inside the United States
As Global Chamber members know firsthand, international business depends heavily on the ability to move talent, leadership, innovation, and investment across borders. Immigration policy changes like these can directly impact workforce planning, expansion strategies, and long-term business operations.
We are also seeing reports of USCIS officers asking applicants during interviews why they chose Adjustment of Status instead of consular processing abroad, signaling how closely these discretionary factors may now be reviewed.
As the global business landscape continues evolving, proactive immigration planning and careful case strategy are becoming increasingly important for both employers and international professionals.
At Weiss & Moy, P.C., we continue helping businesses, entrepreneurs, investors, and families navigate complex U.S. immigration matters in an increasingly interconnected global economy. Please contact us for more information.
Weiss & Moy P.C.
This article is for informational purposes only and does not constitute legal advice.
Originally published at https://www.globalchamber.org/blog/2026/06/08/global-chamber/new-uscis-guidance-impact-on-global-businesses-and-talent/
