Must Leave US to Get Green Card 2026? USCIS Memo PM-602-0199 Explained

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, which immediately sparked widespread alarm after a USCIS spokesperson declared that immigrants seeking green cards 'must return to their home country to apply, except in extraordinary circumstances.' Headlines across national and international media reported the apparent end of Adjustment of Status inside the United States. However, a closer reading of the memorandum reveals a more nuanced policy shift. The memo does not amend INA § 245, does not issue a new regulation, and does not alter statutory eligibility for adjustment of status. Instead, it instructs USCIS officers to apply heightened discretionary scrutiny when adjudicating I-485 applications, treating adjustment as an 'extraordinary' benefit not meant to routinely replace consular processing. For EB-3 applicants and employment-based immigrants, the memo's practical impact hinges on individual circumstances. The same day, USCIS clarified that applicants who 'provide an economic benefit or otherwise are in the national interest will likely be able to continue on their current path.' This suggests EB-3 sponsored workers—especially those with employer support and labor certifications—may remain on stronger footing than other applicant categories. Key provisions EB-3 applicants should note: dual-intent status (H-1B, L-1) is preserved as a positive factor but is no longer automatically sufficient for approval; applicants must affirmatively present 'extraordinary equities' and economic contributions; and USCIS has foreshadowed category-specific guidance, though no timeline has been provided. Practitioners advise that all pending and future I-485 filings should proactively document economic contributions, employer sponsorship details, and positive equities. Until category-specific guidance is released, applicants should treat PM-602-0199 as the operative standard and consult with immigration counsel to assess their individual risk profile.