Trump Green Card Policy 2026: USCIS New Rules May Force EB-3 Applicants to Leave US

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, marking a significant shift in how Adjustment of Status (AOS) applications are evaluated. The memo directs adjudicating officers to treat AOS as an 'extraordinary' benefit and an act of 'administrative grace,' rather than a near-automatic step after meeting statutory eligibility. This reframing applies to employment-based, family-based, and humanitarian immigration categories alike. For EB-3 applicants currently in the United States, the practical impact depends heavily on individual circumstances. USCIS clarified one day after the memo's release 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 that most employment-sponsored EB-3 workers with active labor certifications and employer support remain well-positioned for AOS approval, though the standard of review is now more demanding. Under the new framework, USCIS officers are directed to review an applicant's entire immigration record with enhanced weight given to both positive and negative factors. Officers must then perform a cumulative balancing test — positive equities (stable employment, economic contributions, family ties, clean record) must clearly outweigh any negative factors. Meeting the statutory eligibility criteria alone is no longer sufficient to guarantee approval. Importantly, the memo does not eliminate or prohibit AOS filings. Applicants who would otherwise qualify may still file Form I-485, and USCIS officers retain authority to approve petitions when the full record supports a favorable exercise of discretion. However, some applicants — particularly those with prior visa overstays, immigration violations, or weak equities — may be required to complete their green card process through consular processing abroad instead. EB-3 applicants currently in AOS proceedings or planning to file should consult with an immigration attorney to assess how their specific record will be evaluated under the new heightened discretion standard. Gathering strong supporting evidence of economic contribution, employer endorsements, and community ties is now more critical than ever.