Must Leave US to Get Green Card? USCIS New Rule May 2026 Shifts AOS Processing

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, signaling a significant shift in how adjustment of status (AOS) applications under INA Section 245 will be evaluated. The memo reiterates that AOS is a discretionary privilege, not a guaranteed right, even when all statutory eligibility criteria are fully met. Officers are now instructed to conduct a more detailed analysis of each applicant's overall equities before approving permanent residence from within the United States. Critically, the memo does not eliminate the ability to file an I-485 or change the legal eligibility requirements. However, it explicitly directs officers to weigh whether consular processing abroad may be more appropriate than domestic adjustment in certain cases. This represents a meaningful departure from prior practice, where meeting statutory requirements was generally sufficient for approval without extensive discretionary scrutiny. The applicants most at risk under this new guidance are those on non-dual-intent visas such as F-1, TN, E-3, J-1, and O-1, as these visa categories are premised on temporary intent. Individuals with past immigration violations, unauthorized employment, overstays, or inconsistent conduct relative to their visa purpose will also face heightened scrutiny. Even H-1B and L-1 holders, who benefit from dual-intent protections, are not immune from adverse discretionary outcomes under the new framework. For EB-3 applicants specifically, this policy shift introduces meaningful uncertainty for those currently in the US on temporary work visas pursuing permanent residence through the I-485 process. An officer could now deny adjustment and effectively require the applicant to complete immigrant visa processing at a US consulate abroad, even if their petition is approved and a visa number is available. This could disrupt employment continuity and create significant logistical and financial burdens. Employers sponsoring EB-3 workers and affected individuals should consult with immigration counsel promptly to assess their specific risk profile under this new guidance. Applicants should ensure their immigration history is clean, their conduct is consistent with their visa status, and they can present strong positive equities such as long-term US residence, family ties, community contributions, and full compliance with all immigration requirements.