USCIS Memo EB-3 Alert: Attorney Warns Adjustment of Status May Be Blocked, Must Leave US 2026

A Reddit post from an immigration attorney and former USCIS employee is drawing significant attention from the EB-3 community after they shared their firm's internal strategy for handling a recent USCIS memo. The memo, which contains language around contractors and dual intent, has created uncertainty about who it applies to — and the attorney's firm is taking a conservative approach by assuming it applies to all clients until official clarification is issued. Despite the uncertainty, the attorney confirmed that their firm is still actively filing petitions. This is a key point for EB-3 applicants worried about whether to pause their cases: filing continues, but with heightened strategic consideration. The attorney emphasized that discretion — the flexibility USCIS officers have in adjudicating cases — can work in applicants' favor when properly leveraged. The memo's implications are particularly significant for those in the adjustment of status process (Form I-485), as it may push certain applicants toward consular processing at a U.S. embassy or consulate in their home country instead. This represents a substantial change in trajectory for applicants who have been living and working in the U.S. while their green card is pending. For EB-3 skilled and unskilled workers, the guidance signals that case-by-case evaluation is now more critical than ever. Applicants are advised to consult directly with a qualified immigration attorney before making any decisions, particularly regarding travel, job changes, or responding to any USCIS notices. This post reflects ongoing turbulence in U.S. immigration policy in 2026, and EB3US will continue to monitor developments around this memo and its official scope as clarification becomes available from USCIS.