Adjustment of Status Eliminated? Trump USCIS Memo May 22 2026 Forces EB-3 to Leave US

A recent USCIS internal memorandum issued on May 22, 2026 has sent shockwaves through the immigration community, placing the Adjustment of Status (AOS) process in serious jeopardy. Legal analyst Matt Gordon's review of the memo reveals that applicants who would normally file Form I-485 to obtain a green card while remaining in the United States may soon be required to leave and apply through consular processing at a U.S. embassy or consulate abroad. For EB-3 applicants — including skilled workers, professionals, and unskilled workers — this represents a significant procedural shift with major life implications. Adjustment of Status has long been preferred because it allows applicants to remain in the U.S., maintain work authorization via EAD, and travel with advance parole while their case is pending. Eliminating or severely restricting this pathway would force many to uproot their lives and return to their home countries, sometimes after years of living and working in the United States. Gordon's analysis highlights that the risks associated with consular processing are substantially higher than AOS. Applicants processed abroad face greater scrutiny, longer wait times at certain posts, and the possibility of being found inadmissible with no immediate recourse — a scenario sometimes referred to as 'consular processing trap.' Additionally, any prior immigration violations could become disqualifying factors that are more easily enforced at a consulate than through an USCIS field office. While the full regulatory or legal mechanism behind this shift has not yet been fully published, immigration attorneys are urging clients with pending or upcoming I-485 filings to consult counsel immediately. Those already mid-process may face uncertainty about whether their applications will be adjudicated under current rules or subject to the new directive. EB-3 applicants and their employers should monitor official USCIS announcements closely and work with qualified immigration counsel to evaluate their options, including whether to expedite filings, pursue alternative visa categories, or prepare for potential consular processing requirements.