EB-3 Must Leave US 2026: USCIS No More Adjustment of Status After May 22 Memo

Immigration attorney Amanda Emerson of Manifest Law took to Reddit's r/immigration community to address the surge of confusion following the May 21, 2026 USCIS policy memo affecting adjustment of status (AOS). The memo has generated significant panic among green card applicants currently in the United States, including those in the EB-3 employment-based category. The core change involves who remains eligible to adjust status inside the U.S. versus who must now pursue consular processing from their home country. While widespread social media posts have characterized this as a complete elimination of adjustment of status, Emerson emphasized that much of the information circulating online is incomplete or inaccurate. For EB-3 applicants, this policy shift carries direct consequences. Those who previously expected to complete their green card process without leaving the U.S. may now be required to attend a consular interview abroad. According to trending concern, six specific groups may still retain AOS eligibility, though the criteria have not been fully detailed in the truncated article content. The May 22, 2026 effective date means applicants with pending I-485 petitions should immediately consult with an immigration attorney to assess how this memo affects their individual case. The distinction between those grandfathered under prior rules and those subject to new requirements is a critical point Emerson aimed to clarify. EB-3 applicants and their employers should monitor official USCIS guidance closely and avoid acting on unverified social media summaries. Legal counsel is strongly recommended before making any decisions about travel, case withdrawal, or switching to consular processing.