Adjustment of Status Blocked: USCIS 2026 Memo Forces EB-3 Applicants to Leave US

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, fundamentally reframing adjustment of status under INA Section 245(a) as 'extraordinary' discretionary relief. The memo instructs officers to treat consular processing abroad — requiring applicants to leave the United States — as the preferred default pathway for obtaining a green card. This represents a significant shift in how USCIS approaches I-485 filings, with potentially sweeping consequences for EB-3 applicants currently in the United States. Immigration attorneys and legal analysts have raised serious concerns about the memo's reliance on established precedent. The memo draws heavily from two Board of Immigration Appeals decisions — Matter of Arai (1970) and Matter of Blas (1974) — to justify requiring applicants to demonstrate 'unusual or even outstanding equities.' However, critics note that the memo quotes only half of the Arai/Blas framework: the heightened-equities burden applies specifically when adverse factors are present. The same decisions also state that adjustment 'will ordinarily be granted, still as a matter of discretion' when no adverse factors exist — language the memo omits entirely. The practical implications for EB-3 applicants are significant. Under the new guidance, even fully eligible applicants with clean records may face increased scrutiny or discretionary denials, potentially forcing them to pursue consular processing abroad. This adds cost, delay, and disruption — particularly for workers who have been lawfully present in the U.S. for years while awaiting their priority date to become current. Legal practitioners are advising clients to carefully document strong positive equities — long-term residence, U.S. family ties, tax compliance, community contributions — in all pending and upcoming I-485 filings. For cases that may face discretionary challenge, building a robust equity record before adjudication is now more critical than ever. The memo's long-term impact will depend on how USCIS officers apply it in practice and whether it faces legal challenges. Attorneys are actively analyzing whether the guidance departs from the administrative record in ways that could be subject to challenge under the Administrative Procedure Act. EB-3 applicants and their counsel should monitor developments closely as case outcomes under the new policy begin to emerge.