USCIS May 2026 Memo: More Green Card Applicants Forced to Consular Interview

On May 21, 2026, USCIS issued a significant policy memorandum directing officers to view adjustment of status (Form I-485) as an 'extraordinary' form of relief rather than a standard pathway. This shift in interpretation marks a major departure from longstanding practice and has immediate implications for thousands of pending and future applicants. Under this new guidance, USCIS officers are instructed to more carefully scrutinize whether applicants are eligible to adjust status from within the United States. Many who previously would have been approved through the domestic adjustment process may now be redirected to pursue their green card through consular processing at a U.S. embassy or consulate abroad. For EB-3 applicants currently in the U.S. on work visas, this change introduces significant uncertainty. Consular processing typically requires leaving the United States and attending an interview abroad, which can interrupt employment, extend timelines, and create additional logistical and financial burdens. Applicants with prior immigration violations or other complications face heightened risk under the new scrutiny standards. Immigration attorneys are urging applicants with pending I-485 cases or those preparing to file to consult legal counsel immediately. The memorandum's reliance on a specific statutory interpretation suggests it could face legal challenges, but applicants should not delay reviewing their eligibility under the new framework. EB-3 workers and their employers should work closely with immigration counsel to assess whether consular processing has become the safer or more viable option in light of this development, and to prepare documentation that clearly demonstrates adjustment of status eligibility.