Recent guidance issued by U.S. Citizenship and Immigration Services (USCIS) has generated significant discussion among foreign nationals, employers, and immigration practitioners across North America. For Canadian citizens living and working in the United States, USCIS Policy Memorandum PM-602-0199 raises important questions about Adjustment of Status, consular processing, and long-term immigration planning.
Although the memorandum does not eliminate Adjustment of Status as a pathway to permanent residence, it reinforces USCIS’s position that obtaining a green card from within the United States remains a discretionary benefit that is evaluated on a case-by-case basis.
For Canadian professionals, multinational executives, investors, and families pursuing U.S. permanent residence, understanding the practical implications of this policy is increasingly important.
What Is USCIS Policy Memorandum PM-602-0199?
USCIS issued Policy Memorandum PM-602-0199 to clarify that Adjustment of Status under Section 245 of the Immigration and Nationality Act (INA) is a discretionary immigration benefit.
The memorandum emphasizes that immigration officers may evaluate the totality of the circumstances when determining whether Adjustment of Status should be approved.
In practical terms, applicants may continue filing Adjustment of Status applications if they meet the statutory requirements. However, USCIS officers retain discretion when reviewing individual cases.
The memorandum has prompted many applicants to ask whether certain cases may now face greater scrutiny and whether consular processing abroad could become a more significant consideration in some situations.
Why Canadian Nationals Are Paying Close Attention
Canadians represent one of the largest groups of foreign professionals working in the United States.
Many are employed under classifications such as:
- TN Professionals under the USMCA;
- L-1 Intracompany Transferees;
- H-1B Specialty Occupation Workers;
- O-1 Individuals with Extraordinary Ability;
- E-2 Treaty Investors.
Many Canadian nationals eventually pursue permanent residence through:
- Employer-sponsored green cards;
- Marriage to a U.S. citizen;
- Family-based sponsorship;
- Extraordinary ability petitions;
- National Interest Waiver applications.
Because Adjustment of Status has historically been an efficient pathway for many Canadians already residing in the United States, any policy emphasizing discretionary review naturally attracts attention.
What the Memorandum Does Not Do
One important point often overlooked in discussions surrounding PM-602-0199 is what the memorandum does not change.
The memorandum does not:
- Eliminate Adjustment of Status;
- Repeal INA Section 245;
- Prevent employment-based applicants from filing Form I-485;
- Prevent family-based applicants from filing Form I-485;
- Require all applicants to pursue consular processing.
The underlying immigration laws remain unchanged.
Rather, the memorandum serves as a reminder that eligibility alone does not automatically guarantee approval and that USCIS may consider discretionary factors when evaluating applications.
Special Considerations for TN Visa Holders
For Canadian professionals, the TN visa category deserves particular attention.
Unlike H-1B and L-1 classifications, TN status is generally considered a nonimmigrant category that does not formally recognize dual intent.
As a result, timing and immigration strategy have always been important considerations for TN holders pursuing permanent residence.
Canadian professionals currently in TN status should carefully evaluate:
- The timing of immigrant petition filings;
- Travel plans during the green card process;
- Maintenance of valid status;
- Potential immigrant intent concerns;
- Whether Adjustment of Status or consular processing presents the better option.
Because every case is unique, immigration planning should begin well before filing an Adjustment of Status application.
Employment-Based Green Card Applicants
Canadian professionals sponsored by U.S. employers through EB-2 or EB-3 processes may be wondering whether Adjustment of Status remains a viable option.
The answer is yes.
However, applicants should be prepared to demonstrate:
- Lawful entry into the United States;
- Maintenance of status where required;
- Eligibility under the applicable immigrant category;
- Compliance with immigration requirements throughout their stay.
Employers should also continue maintaining accurate documentation throughout the PERM labor certification and immigrant petition process.
Family-Based Green Card Applicants
Canadian citizens pursuing permanent residence through family sponsorship should also understand the potential impact of discretionary review.
This includes individuals sponsored by:
- U.S. citizen spouses;
- U.S. citizen parents;
- Adult U.S. citizen children;
- Lawful permanent resident family members.
Immediate relatives of U.S. citizens generally continue to enjoy significant advantages under existing immigration law. Nevertheless, applicants should ensure that their filings are complete, accurate, and supported by appropriate evidence.
Comparison of Common Immigration Categories
| Immigration Category | Historically Eligible for Adjustment of Status? | Considerations Following PM-602-0199 |
| H-1B | Yes | Case-by-case discretionary review may apply |
| L-1 | Yes | Continued eligibility, with discretionary review factors considered |
| TN | Potentially | Timing and immigrant intent considerations remain important |
| Immediate Relatives of U.S. Citizens | Yes | Eligibility remains strong, but discretionary review still applies |
| EB-2 / EB-3 Applicants | Yes | Proper documentation and compliance remain critical |
Considerations for Canadian Employers
Canadian companies with employees working in the United States should review current immigration strategies for key personnel.
Employers may wish to evaluate:
- Employees approaching green card eligibility;
- Pending PERM applications;
- Approved I-140 petitions;
- Upcoming visa renewals;
- Long-term workforce planning.
Proactive planning can help reduce uncertainty and avoid disruptions to important business operations.
Practical Steps for Canadian Nationals
If you are a Canadian citizen currently living or working in the United States, consider the following:
- Maintain valid immigration status whenever possible;
- Keep detailed immigration records;
- Consult counsel before international travel;
- Review green card timelines regularly;
- Discuss Adjustment of Status versus consular processing strategies with experienced immigration counsel.
Careful planning remains one of the most effective ways to navigate an evolving immigration landscape.
How NPZ Law Group Can Assist
NPZ Law Group has decades of experience assisting Canadian citizens, multinational employers, investors, professionals, and families with complex U.S. immigration matters.
Our attorneys regularly handle:
- TN visa matters;
- H-1B and L-1 petitions;
- Employment-based green cards;
- Family-based green cards;
- Adjustment of Status applications;
- Consular processing cases;
- National Interest Waivers;
- Extraordinary Ability petitions.
We continue to monitor developments relating to USCIS Policy Memorandum PM-602-0199 and advise clients on strategies designed to minimize risk while maximizing immigration options.
If you are a Canadian professional, employer, investor, or family member pursuing U.S. permanent residence, we encourage you to consult with experienced immigration counsel regarding your specific circumstances.
Frequently Asked Questions
Does PM-602-0199 eliminate Adjustment of Status?
No. Adjustment of Status remains available to eligible applicants. The memorandum reiterates that Adjustment of Status is a discretionary immigration benefit.
Can Canadian citizens still apply for Adjustment of Status?
Yes. Canadian nationals who meet the applicable requirements may continue to pursue Adjustment of Status.
Are TN visa holders affected by PM-602-0199?
Potentially. Because TN status is not traditionally considered a dual-intent category, immigration strategy and timing remain important considerations.
Should Canadians use consular processing instead?
The answer depends on the facts of each case. Some applicants may benefit from Adjustment of Status, while others may find consular processing to be a better option.
Are family-based green card applicants affected?
Family-based applicants remain eligible to pursue Adjustment of Status where permitted by law. However, USCIS officers continue to exercise discretion when reviewing applications.
Are H-1B and L-1 visa holders still able to adjust status?
Yes. H-1B and L-1 classifications generally recognize dual intent, and eligible applicants may continue pursuing permanent residence through Adjustment of Status.
Contact Information If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information. Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C. – VISASERVE.