USCIS Green Card Policy Change May 2026: H-1B Holders Get Adjustment of Status Relief

In a significant development following the Trump administration's May 22, 2026 green card policy overhaul, USCIS has announced an easing of new consular processing requirements specifically for certain H-1B visa holders. While the broader policy shift has required most green card applicants to leave the United States and complete their immigrant visa interviews at a U.S. consulate abroad, H-1B workers in specific circumstances may qualify for an exemption. The underlying policy change had sent shockwaves through the immigration community, with USCIS effectively blocking adjustment of status filings for many applicants who had previously expected to complete their green card process without departing the U.S. The requirement to pursue consular processing represents a major procedural shift, as it involves leaving the country and attending an interview at a U.S. Embassy or Consulate — a process that carries additional risks, costs, and timelines. For EB-3 applicants currently holding H-1B status, this development is particularly relevant. If USCIS criteria for the H-1B exemption align with EB-3 sponsored workers — especially those in professional or skilled worker categories — they may be among the groups still eligible to file I-485 adjustment of status petitions domestically. Applicants should verify their eligibility with a qualified immigration attorney before taking action. The policy shift reflects the administration's broader effort to enforce stricter immigration controls and redirect processing through consular channels. Those who do not qualify for the H-1B or other exemptions may need to plan for international travel and consular interviews as part of their green card journey in 2026. EB-3 applicants and their sponsors are strongly advised to monitor USCIS announcements closely and consult legal counsel to understand how the May 22, 2026 policy change impacts their specific case, particularly regarding priority dates, visa availability, and eligibility for any remaining adjustment of status pathways.