USCIS 2026 Green Card Alert: New I-485 Policy Makes Adjustment of Status More Restrictive

U.S. Citizenship and Immigration Services (USCIS) has issued a new policy memorandum that significantly changes how officers evaluate adjustment of status (I-485) applications. The updated guidance signals a more restrictive discretionary approach, explicitly framing consular processing abroad as the preferred pathway to permanent residence over adjustment of status filed from within the United States. Under the new policy, adjudicators are directed to conduct a broader review of an applicant's full immigration history, with increased focus on factors that may weigh against approval — including prior status violations, conduct inconsistent with nonimmigrant visa purpose, and adverse immigration history. Critically, the memorandum reduces the weight traditionally given to positive factors such as family ties, long-term employment, and a history of compliance. For EB-3 employment-based applicants, this shift is particularly significant. While USCIS confirms that dual intent visa holders (H-1B, L-1) may still pursue permanent residence, maintaining lawful status alone may no longer be sufficient to secure a favorable discretionary outcome. Officers may also question why an applicant chose the adjustment of status route rather than consular processing. A separate DHS proposal to eliminate the 'duration of status' framework for F, J, and I visa holders is also reportedly nearing finalization. If implemented, it would replace open-ended admission periods with fixed I-94 expiration dates, requiring timely USCIS extension filings and significantly increasing the risk of unlawful presence accrual for students and exchange visitors. Employers and foreign nationals with pending or planned EB-3 green card petitions should consult immigration counsel to reassess strategies, prepare for potential Requests for Evidence, and evaluate whether consular processing may be a more viable option given the new discretionary standards.