A few weeks ago, one of our corporate executive clients preparing an EB-1C Adjustment of Status application reached out with concerns about potential delays and increased scrutiny following USCIS's May 21 memorandum on Adjustment of Status (AOS) procedures. This memo represents a notable shift in USCIS’s adjudication approach, with practical implications especially for multinational managers and executives adjusting status under EB-1C or L-1 pathways.

Attorney Insight
The memorandum emphasizes stricter and more consistent application of eligibility criteria for AOS applicants, including enhanced review of evidence and stricter timelines for Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). From our experience handling over 100 EB-1C and L-1 cases annually, such procedural tightening may increase the likelihood of RFEs, especially in areas like proving qualifying managerial capacity or maintaining continuous employment. The memo also highlights USCIS’s renewed focus on verifying lawful status maintenance during the pendency of the AOS, which is critical for L-1 holders transitioning to permanent residence.
Important Notice
Under 8 CFR § 245.2(a)(2), applicants must remain in valid nonimmigrant status while their I-485 is pending. The new USCIS guidance reiterates this and signals more rigorous checks, meaning that clients with imminent status expirations or gaps should act promptly. For instance, in a recent case, a client’s L-1A status expired shortly before filing I-485, resulting in an RFE demanding proof of lawful status continuity; timely submission of extension petitions beforehand could have avoided this. We therefore recommend clients verify their I-94 and I-797 validity immediately upon filing and consider premium processing of L-1 extensions to maintain status.

Another practical change is the more stringent review of the underlying immigrant petition (I-140) when adjudicating the AOS. USCIS will cross-check EB-1C petitions for corporate structure, qualifying relationship, and executive role consistency more thoroughly, per guidance in the USCIS Adjudicator’s Field Manual (Chapter 22.5). This means any discrepancies between the I-140 and I-485 evidence can trigger RFEs or denials. We advise clients to conduct a detailed internal audit comparing their original L-1A and EB-1C petitions with current organizational charts and job duties before filing I-485.

Finally, the memo outlines new timelines for USCIS responses, generally shortening response windows and increasing the speed of NOIDs. This demands quicker client response and more meticulous preparation of initial filings to minimize back-and-forth. For corporate clients, coordinating with HR and legal teams to gather comprehensive documentation upfront—such as detailed job descriptions, pay stubs, and organizational charts—is essential.

Attorney Insight
What does this mean for you? If you are an executive or investor on L-1 or pursuing EB-1C adjustment, now is the time to review your current status and filings carefully. Check your I-797 approval notices and I-94 validity, ensure your underlying petition evidence aligns with your current role, and prepare for potentially tighter scrutiny at the AOS stage. We recommend filing extension petitions well in advance and assembling a robust evidence package at the outset.

Based on our handling of similar cases since the memo’s release, we suggest these immediate actions:

  1. 1Log into your USCIS online account or check your physical notices to verify the validity of your I-797 and I-94 documents. If your nonimmigrant status is near expiration, prioritize filing an extension or change of status petition immediately.
  1. 1Conduct a detailed comparison of your original I-140 supporting documents with your current employment situation. Identify any inconsistencies in company structure or job duties and prepare supplemental evidence accordingly.

These steps can help you navigate the new USCIS procedural landscape effectively and reduce the risk of delays or requests for additional evidence.

Data Sources

[1] U.S. Department of State, travel.state.gov [2] USCIS, uscis.gov [3] 8 CFR § 245.2(a)(2) [4] USCIS Adjudicator's Field Manual, Chapter 22.5