USCIS Forces Green Card Applicants to Leave US: Adjustment of Status Blocked EB-3 2026

On May 22, 2026, USCIS issued a sweeping policy change that fundamentally alters how most foreign nationals—including EB-3 applicants—can pursue lawful permanent residency. For decades, those on temporary visas could file Form I-485 (Adjustment of Status) without leaving the United States when their priority date became current. Under a new agency memo dated May 21, 2026, that pathway is now classified as an 'extraordinary discretion' reserved for special circumstances only. USCIS officers are now required to perform a balancing test when evaluating AOS applications. Key factors include the applicant's visa type (especially whether it is 'dual-intent' like H-1B or L-1), length and conduct of lawful residence, compliance with immigration laws, employment continuity, impact on school-age children, and humanitarian considerations. The agency has not yet released detailed guidance on how these factors will be weighted. For EB-3 applicants with pending I-485 filings submitted before May 22, 2026, H-1B and L-1 dual-intent visa holders are expected to see continued approvals. However, those in more tenuous status situations should proactively document hardship factors to support favorable discretion. Going forward, immigration counsel recommends designating consular processing on new I-140 petitions—while noting this does not permanently foreclose future AOS filing. Practical steps now include filing an I-824 to transfer approved I-140 cases to the National Visa Center if the applicant lacks a compelling AOS argument (though this may add up to one year of delay), and monitoring NVC cases annually to prevent closure. Spouses with H-4 EADs, L-2, or E-3 status retain work authorization, but TN and O-1 dependents may face significant delays in obtaining work permits under the new framework. This policy shift represents one of the most significant structural changes to employment-based immigration in recent memory. EB-3 applicants and their employers should consult counsel immediately to assess their individual circumstances, evaluate pending PERM and I-140 strategies, and prepare contingency plans for consular processing.