Adjustment Of Status Blocked: USCIS Forces Green Card Applicants To Leave US 2026

On May 22, 2026, USCIS issued a landmark policy memorandum fundamentally changing how foreign nationals can obtain lawful permanent residency from within the United States. Under the new guidance, Adjustment of Status (AOS) — the process of filing Form I-485 to obtain a green card without leaving the country — will no longer be treated as a routine final step. Instead, USCIS officers are directed to approve AOS applications only in 'extraordinary circumstances,' on a case-by-case basis. The memorandum signals a decisive shift toward consular processing, meaning most green card applicants will now be expected to return to their home country to complete the immigration process at a U.S. consulate or embassy abroad. Critically, the fact that an applicant chose to remain in the United States and pursue AOS rather than consular processing will itself be counted as an adverse factor in the discretionary analysis — penalizing applicants for the very choice that has historically been standard practice. For EB-3 applicants, this change carries significant implications. Employers and foreign workers who have been relying on the AOS pathway — often preferred for its efficiency and the ability to maintain employment authorization throughout — must now reassess their green card strategy. The heightened discretionary standard introduces uncertainty even for applicants who are otherwise fully eligible and have priority dates that are current. H-1B and L-1 visa holders are explicitly acknowledged in the memo as holding 'dual intent' status under the Immigration and Nationality Act, meaning they are legally permitted to pursue permanent residency while in the U.S. However, USCIS cautions that dual-intent status alone is no longer sufficient to secure a favorable discretionary decision. Officers must weigh the totality of circumstances, including the applicant's reasons for not pursuing consular processing. USCIS has indicated that additional guidance is forthcoming, meaning the policy landscape remains in flux. Employers and EB-3 candidates are strongly advised to consult with immigration counsel immediately to evaluate whether to proceed with pending I-485 filings, switch to consular processing, or pause and await further clarification. This memorandum represents one of the most significant procedural shifts in employment-based green card processing in recent memory.