USCIS May 2026 Memorandum: Adjustment of Status Now Discretionary — What Happens to Your Pending I-485?

On May 22, 2026, USCIS issued a significant policy memorandum declaring that Adjustment of Status (AOS) — the process of obtaining a green card without leaving the United States by filing Form I-485 — is a discretionary benefit, not a right. The guidance emphasizes that consular processing abroad should be the standard pathway for most individuals seeking permanent residence, marking a substantial departure from longstanding practice. For the thousands of applicants with already-pending I-485 applications, this guidance raises urgent questions. While USCIS has not announced a blanket rejection of pending cases, the discretionary framing means officers may scrutinize individual circumstances more carefully. Applicants who entered the U.S. on nonimmigrant visas and adjusted status without departing could face heightened review, especially if their situations are deemed non-extraordinary. The practical implication of this policy shift is that future EB-3 applicants — particularly those who entered on temporary work visas, student visas, or other nonimmigrant status — may increasingly be directed to complete their immigrant visa process at a U.S. consulate or embassy in their home country. This adds logistical complexity, potential processing delays, and the requirement to travel abroad during an often lengthy waiting period. For pending I-485 filers, immigration attorneys advise monitoring any Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) that may signal increased scrutiny aligned with the new guidance. Individuals should consult qualified immigration counsel to assess whether their specific circumstances could be characterized as 'extraordinary' under the new standard, and to evaluate options if their applications face adverse action. This policy change reflects broader enforcement priorities under the current administration and represents one of the most consequential procedural shifts for employment-based immigrant applicants in recent years. EB-3 workers and their employers should stay closely informed of further USCIS implementation guidance as the agency operationalizes this memorandum.