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Employer Green Card Filings After the May 2026 USCIS Discretion Memo

USCIS now treats employment-based adjustment as discretionary, not eligibility-driven. Learn to build the discretionary record, triage pending I-485 filings, assess risk by visa classification, and decide when consular processing beats adjustment under PM-602-0199.

2026-08-19 13:00:00

Program Details

2026-08-19 13:00:00

Program Details

2026-08-19 13:00:00

Over 1,000+ webinars

2026-08-19 13:00:00

Course Overview

Eligible No Longer Means Approvable

2026-08-19 13:00:00

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199. The memo reframes adjustment of status as an act of administrative grace, not a purely eligibility-based assessment. Officers now apply a totality-of-the-circumstances analysis and look for ‘unusual or outstanding equities’ before approving.

The exposure is already concrete. Status violations, intent issues, and broader immigration history now draw heightened scrutiny. Gaps once forgiven under INA § 245(k) collide with the discretionary analysis. RFE and denial trends are escalating across PERM, I-140, and H-1B/L-1 extensions. And under Patel v. Garland, judicial review of a denial is sharply limited.

Attendees leave with a working framework: the discretionary analysis memorandum, evidence tab construction, pre-filing risk assessment, and post-denial motion strategy. The program adds a tiered AOS preparation strategy and a triage protocol for pending I-485 caseloads. Employer-side counsel gain a strategic framework for the consular processing pivot and for recalibrating immigration programs amid pending litigation and the February 2026 H-1B regulatory changes.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
The New Standard
How PM-602-0199 reframes I-485 adjudication as a discretionary determination and what changed — and what didn’t — from prior practice.
02
Negative Factor Inventory
Which status violations, intent issues, and immigration history now draw heightened scrutiny, and where INA § 245(k) forgiveness collides with the discretionary analysis.
03
The Discretionary Record
How to build the affirmative evidence tab and draft the discretionary analysis memorandum that satisfies the elevated standard.
04
Post-Denial Strategy
Realistic options after denial under the Patel v. Garland jurisdictional bar, plus triage protocols for pending I-485 caseloads.
05
Petition Lifecycle Risk
How to read escalating RFE and denial trends across PERM, I-140, and H-1B/L-1 extensions and assess exposure by visa classification.
06
The Strategic Pivot
When consular processing better serves an employee than adjustment, and how to recalibrate employer programs amid pending litigation and the February 2026 H-1B regulatory changes.

Program schedule

clock 1:00 pm - 2:00 pm EST

Building the Discretionary Record on Employment-Based Adjustment Applications

Join us for a practical CLE on the May 2026 USCIS Discretion Memo (PM-602-0199), which reframes adjustment of status as a discretionary determination requiring a totality-of-the-circumstances analysis rather than a purely eligibility-based assessment. The session will highlight what has changed—and what has not—before walking through key risk factors now drawing heightened scrutiny, including status violations, intent issues, and broader immigration history. We will explore emerging legal tensions, including the interaction with INA §245(k), and introduce a tiered strategy for AOS case preparation based on nonimmigrant status and overall risk profile. Attendees will also learn how to proactively build a strong record of positive discretionary factors and prepare clients for evolving interview expectations. We will conclude with a snapshot of adjudication trends and practical takeaways based on field observations in the first 90 days following implementation.

Melissa Vasquez-MyersMelissa Vasquez-Myers
clock 2:10 pm - 3:10 pm EST

Responding to Heightened Scrutiny and Pivoting Workforce Immigration Strategy

This session addresses how employer-side immigration counsel responds to the heightened adjudicatory environment triggered by USCIS Policy Memorandum PM-602-0199 across the full petition lifecycle — PERM, I-140, H-1B/L-1 extensions, and consular processing decisions. Attorneys will learn how to assess risk exposure by visa classification, strengthen petitions proactively against escalating RFE and denial trends, and evaluate whether adjustment of status or consular processing better serves each employee’s situation. The session equips practitioners with a strategic framework for recalibrating employer immigration programs in light of shifting adjudication standards, pending litigation, and regulatory changes affecting the H-1B pipeline.

Nigel D. JamesNigel D. James
Melissa Vasquez-Myers

Melissa Vasquez-Myers

Fragomen, Del Rey, Bernsen & Loewy, LLP

Nigel D. James

Nigel D. James

Klasko Immigration Law Partners

Melissa Vasquez-Myers

Melissa Vasquez-Myers

Fragomen, Del Rey, Bernsen & Loewy, LLP

Melissa Vasquez-Myers is a Partner in the Los Angeles office of Fragomen, Del Rey, Bernsen & Loewy, LLP, where she counsels clients across all areas of corporate immigration, with a primary focus on EB-1 employment-based immigrant visas and permanent residence applications. Before joining Fragomen, she practiced with a California-based law firm handling family-based immigration matters and removal defense, and she earlier served as a law clerk in Fragomen’s Los Angeles office, assisting with all major employment-based immigrant and nonimmigrant visa categories. During law school, she worked with the Joseph A. Vail Center for Immigrant Rights. She speaks Spanish and English.

Education & Credentials

Melissa earned her J.D., cum laude, from Southwestern University School of Law in 2014 and her B.A. from Grinnell College in 2012. She is admitted to the California Bar, with practice limited to federal immigration and nationality law.

Recognition & Leadership

Melissa has been named to Best Lawyers in America: Ones to Watch each year from 2021 to 2026.

Professional Involvement

Melissa is a member of the American Immigration Lawyers Association, the Los Angeles County Bar Association, the Latina Lawyers Bar Association, and the Mexican American Bar Association. She presented at Fragomen's Immigration Breakfast Briefing in Los Angeles on March 5, 2025.

Experience

Melissa has represented clients before U.S. Citizenship and Immigration Services, the Executive Office for Immigration Review, the Board of Immigration Appeals, and the Ninth Circuit Court of Appeals. Her work has included preparing applications across a variety of immigrant and nonimmigrant matters, drafting responses to requests for evidence, and representing individuals seeking naturalization, asylum, cancellation of removal, and U-Visas, including appearances at master calendar and individual hearings.
Nigel D. James

Nigel D. James

Klasko Immigration Law Partners

Nigel D. James is an Associate in the Philadelphia office of Klasko Immigration Law Partners, where he handles employment-based and family-based immigration matters for corporate and individual clients and serves on the firm’s EB-1 team. His path to immigration practice began in law school, where he assisted noncitizen farmworkers, and was shaped by the experiences of family members and friends who immigrated to the United States. His practice also draws on a background and interest in science, including microbiology and sustainability topics involving environmental systems and energy technologies.

Education & Credentials

Mr. James earned his J.D. from the Villanova University Charles Widger School of Law in 2019 and his B.A. in Biological Sciences from Clemson University in 2016. He is admitted to practice in New Jersey. He speaks Spanish and conversational Portuguese.

Recognition & Leadership

Mr. James served as Co-Chair of the New Members Division Committee of the Philadelphia Chapter of the American Immigration Lawyers Association from 2021 to 2023, and as Co-Chair of the chapter's Advocacy and Social Media Committee from 2020 to 2021. During law school, he was Managing Editor of Technology for the Jeffrey S. Moorad Sports Law Journal, President of the Labor & Employment Law Society, and a member of the Executive Board of the Villanova Black Law Students Association.

Professional Involvement

Mr. James is a member of the American Immigration Lawyers Association, the New Jersey State Bar Association, and the Garden State Bar Association. He is a frequent speaker on immigration topics, presenting at AILA Philadelphia CLE conferences, Klasko seminar and webinar series, and universities including Princeton, Penn State, Temple, Rutgers, and Vanderbilt, on subjects ranging from EB-1 and national interest waiver strategy to H-1B cap planning for startups and visa options for students and postdocs.

Experience

Mr. James has significant experience guiding skilled professionals through the green card process, including petitions for extraordinary ability (EB-1A), outstanding researchers and professors (EB-1B), and national interest waiver (EB-2 NIW) classification, and he assists corporate clients with O-1 nonimmigrant petitions for individuals of extraordinary ability. Before joining Klasko Immigration Law Partners, he practiced at a boutique immigration law firm in Philadelphia, advising on family-based and employment-based matters including H-1B and L-1 applications, labor certifications, national interest waivers, and complex requests from the U.S. Citizenship & Immigration Services (USCIS). His experience also includes removal defense before the Executive Office for Immigration Review (EOIR) and the Board of Immigration Appeals (BIA), T visas for victims of labor and sex trafficking, naturalization, and humanitarian matters. In law school, he served as a Certified Legal Intern for Villanova's Farmworker Legal Aid Clinic, assisting noncitizen farmworkers in Southeastern Pennsylvania.
Melissa Vasquez-Myers

Melissa Vasquez-Myers

Fragomen, Del Rey, Bernsen & Loewy, LLP

Melissa Vasquez-Myers is a Partner in the Los Angeles office of Fragomen, Del Rey, Bernsen & Loewy, LLP, where she counsels clients across all areas of corporate immigration, with a primary focus on EB-1 employment-based immigrant visas and permanent residence applications. Before joining Fragomen, she practiced with a California-based law firm handling family-based immigration matters and removal defense, and she earlier served as a law clerk in Fragomen’s Los Angeles office, assisting with all major employment-based immigrant and nonimmigrant visa categories. During law school, she worked with the Joseph A. Vail Center for Immigrant Rights. She speaks Spanish and English.

Education & Credentials

Melissa earned her J.D., cum laude, from Southwestern University School of Law in 2014 and her B.A. from Grinnell College in 2012. She is admitted to the California Bar, with practice limited to federal immigration and nationality law.

Recognition & Leadership

Melissa has been named to Best Lawyers in America: Ones to Watch each year from 2021 to 2026.

Professional Involvement

Melissa is a member of the American Immigration Lawyers Association, the Los Angeles County Bar Association, the Latina Lawyers Bar Association, and the Mexican American Bar Association. She presented at Fragomen's Immigration Breakfast Briefing in Los Angeles on March 5, 2025.

Experience

Melissa has represented clients before U.S. Citizenship and Immigration Services, the Executive Office for Immigration Review, the Board of Immigration Appeals, and the Ninth Circuit Court of Appeals. Her work has included preparing applications across a variety of immigrant and nonimmigrant matters, drafting responses to requests for evidence, and representing individuals seeking naturalization, asylum, cancellation of removal, and U-Visas, including appearances at master calendar and individual hearings.
Nigel D. James

Nigel D. James

Klasko Immigration Law Partners

Nigel D. James is an Associate in the Philadelphia office of Klasko Immigration Law Partners, where he handles employment-based and family-based immigration matters for corporate and individual clients and serves on the firm’s EB-1 team. His path to immigration practice began in law school, where he assisted noncitizen farmworkers, and was shaped by the experiences of family members and friends who immigrated to the United States. His practice also draws on a background and interest in science, including microbiology and sustainability topics involving environmental systems and energy technologies.

Education & Credentials

Mr. James earned his J.D. from the Villanova University Charles Widger School of Law in 2019 and his B.A. in Biological Sciences from Clemson University in 2016. He is admitted to practice in New Jersey. He speaks Spanish and conversational Portuguese.

Recognition & Leadership

Mr. James served as Co-Chair of the New Members Division Committee of the Philadelphia Chapter of the American Immigration Lawyers Association from 2021 to 2023, and as Co-Chair of the chapter's Advocacy and Social Media Committee from 2020 to 2021. During law school, he was Managing Editor of Technology for the Jeffrey S. Moorad Sports Law Journal, President of the Labor & Employment Law Society, and a member of the Executive Board of the Villanova Black Law Students Association.

Professional Involvement

Mr. James is a member of the American Immigration Lawyers Association, the New Jersey State Bar Association, and the Garden State Bar Association. He is a frequent speaker on immigration topics, presenting at AILA Philadelphia CLE conferences, Klasko seminar and webinar series, and universities including Princeton, Penn State, Temple, Rutgers, and Vanderbilt, on subjects ranging from EB-1 and national interest waiver strategy to H-1B cap planning for startups and visa options for students and postdocs.

Experience

Mr. James has significant experience guiding skilled professionals through the green card process, including petitions for extraordinary ability (EB-1A), outstanding researchers and professors (EB-1B), and national interest waiver (EB-2 NIW) classification, and he assists corporate clients with O-1 nonimmigrant petitions for individuals of extraordinary ability. Before joining Klasko Immigration Law Partners, he practiced at a boutique immigration law firm in Philadelphia, advising on family-based and employment-based matters including H-1B and L-1 applications, labor certifications, national interest waivers, and complex requests from the U.S. Citizenship & Immigration Services (USCIS). His experience also includes removal defense before the Executive Office for Immigration Review (EOIR) and the Board of Immigration Appeals (BIA), T visas for victims of labor and sex trafficking, naturalization, and humanitarian matters. In law school, he served as a Certified Legal Intern for Villanova's Farmworker Legal Aid Clinic, assisting noncitizen farmworkers in Southeastern Pennsylvania.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs