USCIS Ends Easy Adjustment of Status: EB-3 Must Leave US to Get Green Card 2026

A major policy shift is underway for green card applicants inside the United States. On May 21, 2026, USCIS issued a memorandum directing officers to treat adjustment of status (Form I-485) as an extraordinary form of relief rather than a routine benefit. This means applicants can no longer expect approval based solely on eligibility — they must now affirmatively demonstrate compelling equities to justify remaining in the U.S. during the process. For EB-3 applicants, this change carries significant practical consequences. Workers who filed I-485 petitions expecting to adjust status without leaving the country may now face denials on discretionary grounds, even when their underlying immigrant petition is approved. Officers are instructed to weigh negative factors more heavily, particularly any immigration violations or gaps in lawful status. The policy effectively resurrects consular processing as the default path for many employment-based immigrants. Applicants without strong positive equities — such as U.S.-born children, long-term residence, or community ties — may be directed to complete their green card interview at a U.S. consulate in their home country instead of domestically. Immigration attorneys, including Manifest Law's Guilherme Zaia, are advising clients to carefully evaluate their immigration history before proceeding. Factors such as prior visa overstays, F-1 status irregularities, or gaps in authorized stay could now tip the discretionary balance against approval. EB-3 applicants currently in the pipeline should consult with an immigration attorney to assess their discretionary posture under this new standard and determine whether adjustment of status or consular processing is the safer route given their individual circumstances.