Must Leave US to Get Green Card 2026: USCIS New Rule May 22 Ends Adjustment of Status

On May 22, 2026, USCIS released a sweeping policy memorandum that fundamentally reshapes how foreign nationals on temporary visas can pursue permanent residence in the United States. Under the new guidance, most nonimmigrants — including students, tourist visa holders, and temporary workers — will be required to depart the US and apply for a green card through consular processing at a US embassy or consulate abroad, rather than filing an adjustment of status (I-485) from within the country. USCIS frames the new policy as a clarification of existing law, stating that officers have always had discretion to deny adjustment of status applications that are not 'in the best interest of the United States.' Officers are now directed to weigh the totality of circumstances in each case, including immigration violations, fraud history, and whether the individual's conduct was inconsistent with their temporary visa purpose. The agency argues the change will free up resources for higher-priority immigration functions such as naturalization and visa processing for crime victims. The policy creates particular confusion for holders of H-1B and L-1 'dual intent' visas — classifications that Congress explicitly designed to allow simultaneous pursuit of permanent residence and temporary status. While the memo acknowledges dual intent as an exception, a footnote immediately clarifies that holding a dual intent visa alone is 'not sufficient to warrant a favorable exercise of discretion,' leaving employers and employees in legal limbo. USCIS indicated over the weekend that some H-1B holders whose presence provides 'economic benefit' may still qualify for in-country adjustment. For EB-3 applicants specifically, this policy could significantly increase the complexity and cost of obtaining a green card. Workers who have been waiting years for their priority dates to become current while living and working in the US may now face pressure to leave the country for consular processing — a process that introduces additional delays, travel disruptions, and the risk of being found inadmissible at the border. EB-3 unskilled and skilled worker categories, which already face some of the longest backlogs, would be especially impacted. Employers with sponsored foreign national workers should immediately audit all pending I-485 cases and those approaching filing eligibility. Legal experts recommend a five-step action plan: (1) identify all employees in adjustment of status proceedings, (2) consult immigration counsel on case-by-case risk assessments, (3) assess consular processing alternatives and associated timelines, (4) prepare contingency plans for travel disruptions, and (5) monitor ongoing litigation challenging the memo, which is widely expected. The situation remains fluid as the legal community responds.