On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, emphasizing that adjustment of status, or Form I-485 green card applications, is a discretionary benefit and not an automatic entitlement, even where an applicant otherwise meets the legal eligibility requirements. While this guidance does not change the law, it signals a shift in how strictly USCIS officers will scrutinize applications. What is the New Memo About? The memo emphasizes that the standard, preferred

A Department of Labor (DOL) issued a Revised Final Rule (the revised rule) yesterday which incorporated the 10/08 Interim Final Rule. Although the prevailing wage levels under the revised rule are not as high as initially sought by DOL in the 10/08 rule, it still will significantly increase the prevailing wage levels for H-1B, E-3, and H-1B1 and PERM cases. Specifically, the following shows how much the increases are compared to previous wage levels: Level I Wage: current -17

The Department of Labor (DOL) made an announcement today on the steps it will take to comply with the federal court ruling issued on 12/01/2020 invalidating both DOL Prevailing Wage Interim Final Rule and DHS H-1B Specialty Occupation Interim Final Rule. DOL plans to revert to the OES prevailing wage online data which was applicable before the prevailing wage increase on 10/08/2020 (“original OES prevailing wage data”), and the Implementation timeframe is as follows: The or

A federal district court in California issued a ruling today setting aside both DOL Prevailing Wage Interim Final Rule and DHS H-1B Specialty Occupation Interim Final Rule. The DOL Prevailing Wage Interim Final Rule which took effect on 10/08/2020 changed the prevailing wage levels for H-1B, E-3, and H-1B1 and PERM cases, resulting in higher OES-based prevailing wages. Today’s court ruling is immediately effective, invalidating the DOL and DHS rules, but the government is ex

A Department of Labor (DOL) Interim Final Rule (the new rule) which took effect yesterday (10/08/2020) changes the prevailing wage levels for H-1B, E-3, and H-1B1 and PERM cases, resulting in higher OES-based prevailing wages. Specifically, the following shows how much the increases are compared to previous wage levels: Level I Wage: 45th percentile (from 17th percentile) Level II Wage: 62nd percentile (from 34th percentile) Level III Wage: 78th percentile (from 50th percenti

As you may have already noticed, the August EB2 Mainland China cut-off date for is 1/15/2016 and EB3 Mainland China cut-off date is 2/15/2017. If you applied for EB-2 and your priority date is before 2/15/2017, downgrading your EB-2 to EB-3 may be worth considering. What’s the Benefit of Downgrading My EB-2 to EB-3? The main reason for the downgrade is to enable you to file I-485 adjustment of status application. With I-485 filed, you and your family members will get the Em