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Statistics
Annual Caps for H-1B for Fiscal Years: 85,000 visas
- 65,000 visas
- 20,000 visas for the master’s cap*
The master’s cap – individuals with advanced degrees from U.S. institutions.
Topics
USCIS AOS Policy Update (May 2026)
What Changed for H-1B EB-2/EB-3 cases. USCIS Policy Memorandum PM-602-0199. AOS will be granted only in extraordinary circumstances, with most cases directed to consular processing.
USCIS issued Policy Memorandum PM-602-0199 on May 21, 2026, followed by a related news release on May 22, 2026. Together, they state that adjustment of status (AOS) under INA 245 is discretionary and extraordinary relief, and that most applicants should use consular processing abroad.
What Changed
- USCIS reaffirmed that AOS is a matter of discretion and administrative grace, not an entitlement.
- USCIS stated that officers must evaluate all relevant factors case by case when deciding whether extraordinary relief is warranted.
- USCIS said temporary nonimmigrants are generally expected to complete immigrant visa processing through U.S. consular offices abroad.
What This Means for H-1B EB-2/EB-3 Cases
- The underlying EB-2/EB-3 sponsorship steps remain the same: PWD, recruitment, PERM (when required), and I-140.
- The final-stage strategy now needs more careful planning between AOS and consular processing.
- AOS filings should be prepared as discretionary records, not only eligibility checklists.
Important Nuance in the Memo
PM-602-0199 acknowledges limited exceptions, including dual-intent nonimmigrant categories and situations where AOS may be the only practical pathway.
Practical Checklist
- Review status history, travel history, and compliance record.
- Evaluate AOS discretion factors early with counsel.
- Prepare a contingency plan for consular processing timelines and logistics.
- Recheck filing fees, forms, and Visa Bulletin timing before submission.
Related Guide
For the full end-to-end process, see: H-1B to Green Card Path (Adjustment of Status)
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Immigration outcomes depend on individual facts and evolving policy. Consult a qualified immigration attorney before making filing or travel decisions.