USCIS Ends Adjustment of Status: Green Card Applicants Must Leave US in 2026
USCIS is shifting toward consular green card processing, requiring most applicants to leave the US for interviews abroad. EB-2 India numbers are also exhausted through September 2026, and TPS for Lebanon has been auto-extended through November.
In a sweeping policy shift announced via a May 22, 2026 memorandum, USCIS is moving away from domestic Adjustment of Status (I-485) approvals and toward consular processing, meaning most employment-based green card applicants — including EB-3 workers — will be required to leave the United States and complete their immigrant visa interview at a U.S. embassy or consulate abroad. Only six narrow groups remain eligible for in-country adjustment. This marks one of the most significant procedural changes to the green card process in decades.
The change has immediate implications for EB-3 applicants who had been waiting for I-485 approvals inside the United States. Those with pending applications may face transfer to consular processing, requiring international travel and a consular interview in their home country before receiving their green card. Applicants should consult with an immigration attorney to understand whether they fall into one of the six exempted categories.
Separately, the Department of State has confirmed that the EB-2 India annual visa limit has been exhausted for fiscal year 2026. No new EB-2 India immigrant visas or I-485 approvals will be issued until October 1, 2026. USCIS will continue to accept filings where priority dates are current, but approvals are on hold until the new fiscal year.
On the humanitarian side, TPS for Lebanon has been automatically extended through November 27, 2026, following DHS's failure to issue a timely formal determination. Current beneficiaries retain their status and work authorization without needing to re-register. Employers should update their I-9 records to reflect the new expiration date.
Finally, the CDC has expanded Ebola-related entry restrictions to include lawful permanent residents who have been physically present in the Democratic Republic of the Congo, Uganda, or South Sudan within the past 21 days. Green card holders recently traveling to these regions should be aware they may face entry restrictions upon returning to the United States.
USCIS has reversed a prior pause on certain immigration benefits, raising questions about whether medical physicians on EB-3 or other employment-based visas will see tangible relief under the updated 2026 policy framework.
USCIS published a Federal Register notice on May 29, 2026 to revise Form I-751 (Petition to Remove Conditions on Residence). The public comment period runs through July 28, 2026.
A May 21, 2026 USCIS Policy Memorandum reframes Adjustment of Status as an 'extraordinary benefit,' signaling that most applicants—including EB-3—should pursue consular processing abroad rather than adjusting status from within the US.