USCIS Ends Adjustment of Status May 2026: EB-3 Applicants Must Leave US for Green Card
A USCIS memorandum dated May 22, 2026 has effectively ended I-485 Adjustment of Status approvals inside the US for most applicants. EB-3 and EB-2 applicants must now pursue consular processing abroad. India EB-2 annual limit has also been reached.
A sweeping USCIS memorandum issued May 22, 2026 has upended the green card process for hundreds of thousands of employment-based immigrants in the United States. The memo effectively eliminates Adjustment of Status (I-485) as a pathway for most applicants, requiring them to depart the US and complete green card processing through consular interviews in their home countries.
For EB-3 applicants — including skilled workers, professionals, and unskilled workers — this represents a dramatic shift. Those who have been waiting years for priority dates to become current while residing in the US may now face the difficult choice of leaving the country to obtain their immigrant visas, potentially disrupting employment, family stability, and accrued benefits.
Only six narrow categories of applicants are reported to remain eligible to complete Adjustment of Status inside the United States under the new policy. Immigration attorneys are urging clients to immediately assess whether they qualify for any of these exemptions before taking any action.
Separately, the India EB-2 annual cap has been reached for FY2026, meaning no further India-born EB-2 visa numbers are available for the remainder of the fiscal year. This compounds difficulties for Indian nationals already navigating extreme backlogs in both EB-2 and EB-3 categories. USCIS is also reported to be conducting enhanced reviews of applicants' full F-1 student visa histories as part of broader immigration enforcement efforts.
Applicants are strongly advised to consult with a qualified immigration attorney before making any decisions regarding travel, pending petitions, or consular processing options given the rapidly evolving policy landscape.
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.