Adjustment Of Status Blocked: USCIS May 2026 Memo Forces EB-3 Applicants To Leave US

On May 22, 2026 — the Friday before Memorial Day weekend — USCIS released a sweeping policy memorandum that fundamentally alters how adjustment of status (I-485) applications will be evaluated. Without prior notice, USCIS instructed officers to treat adjustment of status as an 'extraordinary' form of administrative grace rather than a routine benefit, reversing decades of standard practice dating back to 1952. The memorandum expands the range of negative factors officers may weigh against applicants, including criminal history, immigration violations, unauthorized employment, fraud, and misrepresentation. Critically, the absence of these negative factors is no longer sufficient on its own — officers are now directed to conduct a holistic review of each case, raising the bar for approval significantly. For EB-3 applicants specifically, this shift is particularly consequential. Those who had planned to file or have already filed an I-485 inside the United States may now face denial and be required to complete their case through consular immigrant visa processing in their home country — a process that is typically slower and more costly. Until now, H-1B and L-1 visa holders who maintained lawful dual-intent status were generally considered strong adjustment of status candidates. The new memo explicitly states that maintaining lawful nonimmigrant status alone is no longer sufficient to establish eligibility, putting even well-documented applicants at risk. Legal challenges are already forming, and litigation is expected. In the meantime, applicants are advised to document a clean criminal record, maintain complete records of lawful immigration status with no unauthorized gaps, and gather evidence of positive ties to the US — such as tax filings, employment history, and family relationships. USCIS has stated the memo is internal guidance only and cannot be used to create enforceable rights.