Today the Trump Administration announced a policy to allow noncitizens to Adjust Status to Lawful Permanent Residence (“LPR”) only in “extraordinary circumstances.”
Historically, there have been two primary pathways to LPR status, Adjustment of Status, which occurs inside the country, and Consular Processing, which occurs abroad at the U.S. Consulate in the noncitizen’s home country or last place of permanent residence.
The new policy considers Consular Processing to be the preferred pathway for issuance of LPR Status (also known as a Green Card). However, the policy also implements a “totality of circumstances” review, on a case-by-case basis, which may hold open Adjustment of Status for those present in the US in H-1B and L-1 status or for those who exhibit other positive factors.
Those who have not maintained proper status, or who entered the U.S. unlawfully, are more aggressively restricted from the Adjustment of Status pathway.
We expect the government’s implementation of the policy to develop over time, as we have seen with previous announcements. We continue to recommend the Adjustment of Status pathway for our clients at this time. We will monitor developments and reach out to any clients who may be adversely impacted.
Please feel free to check in with your Bernstein Shur attorney for any questions you may have about this new policy (linked here).
Bernstein Shur’s Immigration Law practice group helps employers navigate an increasingly complex immigration landscape through proactive, compliant strategies that support recruitment, retention, and long-term workforce planning. The group advises businesses across industries—particularly in health care and highly regulated sectors—on matters ranging from temporary work visas and employment-based green cards to I-9 compliance and audit preparedness.
Michael Murray is a shareholder and Chair of the Immigration Law group who advises employers on health care and business immigration strategy, including visa planning, compliance frameworks, and workforce planning to support recruitment, retention, and long-term stability. He can be reached at [email protected].
Olivia Shaw is an associate in the Immigration Law group who advises employers on obtaining temporary work authorization and permanent residence for their employees, with particular experience in health care immigration and business immigration strategies. She can be reached at [email protected].