USCIS Ends Adjustment of Status May 2026: DHS Says Law-Abiding Applicants Safe

The Department of Homeland Security issued a statement clarifying that its newly announced Adjustment of Status policy change will have no impact on applicants who have followed U.S. immigration law throughout their stay. The policy, formalized via a USCIS memorandum dated May 22, 2026, marks a significant shift in how employment-based and other green card applicants complete the final stage of their immigration journey. Under the new framework, most applicants who previously could file Form I-485 and adjust status to lawful permanent resident while remaining inside the United States will now be required to depart and attend a consular interview at a U.S. embassy or consulate in their home country. This change affects a broad range of applicants, including many EB-3 workers currently in various stages of the green card process. However, DHS emphasized that certain categories of applicants remain eligible to complete the green card process from within the United States. Reports indicate that up to six specific groups may still qualify for domestic adjustment, though full eligibility criteria are pending official publication. Applicants with pending or approved I-485 petitions filed prior to the policy change are encouraged to consult their immigration attorneys regarding their specific case status. For EB-3 applicants currently in the pipeline, the practical implications could include extended timelines due to consular backlogs, potential gaps in work authorization during travel, and additional documentation requirements for overseas interviews. Those who have maintained lawful status, avoided unauthorized employment, and complied with visa conditions are considered to be in the best position under the new policy. Immigration attorneys are advising clients to review their full immigration history, including F-1 visa records and any prior status violations, as USCIS is reported to be conducting thorough reviews. EB-3 applicants should monitor official USCIS channels for updated guidance and consult legal counsel before making any travel decisions.