USCIS Bans Adjustment of Status May 2026: EB-3 Applicants Must Leave US for Consular Interview

U.S. Citizenship and Immigration Services announced a sweeping policy change on May 22, 2026, declaring that Adjustment of Status (Form I-485) will only be granted in extraordinary circumstances going forward. The memo represents one of the most significant shifts in green card processing in recent years, effectively redirecting the majority of applicants away from the domestic I-485 pathway. Under the new policy, applicants with pending or future I-485 petitions will generally be required to pursue consular processing at a U.S. embassy or consulate in their home country instead of adjusting status while remaining in the United States. This fundamentally changes how EB-3 skilled workers, professionals, and unskilled workers obtain their immigrant visas. For EB-3 applicants specifically, this creates significant disruption. Those currently employed in the U.S. under H-1B, H-2B, or other nonimmigrant status who had planned to adjust status domestically may now face the difficult choice of departing the U.S. to complete consular processing, potentially interrupting their employment and triggering re-entry admissibility scrutiny. Applicants with pending I-485 cases should consult with an immigration attorney immediately to assess whether their situation qualifies as an 'extraordinary circumstance' under the new USCIS guidance, and to evaluate the risks and timeline implications of switching to consular processing. Those outside the U.S. should coordinate with their sponsoring employers and attorneys to prepare for embassy interviews. This policy change aligns with broader Trump administration immigration enforcement priorities in 2026 and may face legal challenges. EB-3 applicants and their employers should monitor updates closely and avoid making irrevocable travel decisions until more detailed USCIS implementation guidance is published.