USCIS Eases Green Card Must Return Home Country 2026 Rule with Key Exemptions

USCIS has announced key exemptions to its recently implemented green card rule that had alarmed many immigration applicants by potentially requiring them to leave the United States for consular processing. The policy, which emerged from a May 22, 2026 USCIS memorandum, had raised concerns that applicants who traditionally filed Form I-485 (Adjustment of Status) inside the U.S. would instead be required to complete processing at a U.S. consulate in their home country. The exemptions announced by USCIS are expected to provide relief to a significant portion of EB-3 and other employment-based green card applicants who were uncertain about their ability to remain in the U.S. during the green card process. While the full scope of who qualifies for these exemptions is still being clarified, early reports indicate that certain categories of applicants — including those with long-pending cases or specific humanitarian considerations — may be eligible to continue their adjustment of status domestically. For EB-3 applicants specifically, the change had the potential to significantly disrupt long-term immigration plans, particularly for those with approved I-140 petitions awaiting visa availability. Being required to leave the U.S. for consular processing can introduce additional delays, costs, and risks such as the triggering of unlawful presence bars. Immigration attorneys are urging applicants to consult legal counsel before making any decisions about their pending or planned I-485 filings, as the regulatory landscape remains in flux. The exemptions signal that USCIS is responsive to stakeholder concerns, but the details of implementation will be critical for affected applicants. Applicants should monitor the USCIS website and the June 2026 Visa Bulletin for further guidance, and document their eligibility for any applicable exemption categories as this policy continues to develop.