USCISNational Law Review · 3 min read
Green Card Alert 2026: USCIS Shifts EB-3 Cases Abroad as State Dept Faces Staff Crisis
USCIS issued a May 2026 policy memo encouraging adjudicators to deny I-485 adjustments and redirect applicants to consular processing abroad. However, the State Department has lost over 20% of its staff and has more than half of ambassadorial positions vacant, raising serious concerns about capacity.
In May 2026, USCIS issued a policy memorandum directing adjudicators to deny adjustment of status (Form I-485) applications in certain cases rather than issuing Requests for Evidence (RFEs). The underlying expectation is that affected applicants will instead pursue immigrant visa processing through U.S. consulates abroad — a significant procedural shift for employment-based green card seekers, including EB-3 applicants.
The State Department, which oversees consular processing, is currently operating under significant strain. According to a recent Financial Times report, more than half of U.S. ambassadorial positions remain vacant, staffing has been reduced by over 20%, and more than 3,000 employees have departed. Consular sections — already managing high visa demand — are expected to operate with fewer personnel and reduced institutional experience.
For EB-3 applicants currently in the U.S. on H-1B, L-1, TN, or other nonimmigrant status, the stakes are high. Adjustment of status allows applicants to remain lawfully in the U.S. while USCIS processes their case. Consular processing, by contrast, requires travel abroad, coordinating medical exams and interviews, and risks status gaps if nonimmigrant visas expire before an immigrant visa interview is scheduled.
Additionally, applicants adjusting status in the U.S. can obtain Employment Authorization Documents (EADs) and Advance Parole while their I-485 is pending. Those directed to consular processing will not receive these interim benefits — meaning employers may face interruptions in employee work authorization if H-1B or other extensions are unavailable.
Employers and EB-3 applicants should monitor this policy shift closely and consult with immigration counsel to assess whether their pending or upcoming filings may be affected. Cases with minor evidentiary issues that previously would have received an RFE may now face denial, forcing a longer, more complex consular processing path at a time when the State Department is least equipped to absorb the additional caseload.