USCIS Memorandum 2026: Adjustment of Status Blocked, EB-3 Applicants May Be Forced Abroad

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, fundamentally reframing the Adjustment of Status (AOS) process under Form I-485. The memo characterizes AOS — the procedure allowing applicants physically present in the U.S. to apply for a green card without leaving — as an 'extraordinary discretionary benefit' and 'administrative grace,' rather than a statutory entitlement. USCIS now describes consular processing as the 'normal' pathway that Congress generally expects applicants to follow. The policy applies to all immigrant petition categories, including employment-based applicants with approved or pending Form I-140 petitions — directly affecting EB-3 skilled workers, professionals, and unskilled workers. USCIS officers are now instructed to conduct a case-by-case totality-of-circumstances analysis, weighing factors such as immigration compliance, nonimmigrant status maintenance, moral character, family ties, and conduct since admission. Certain adverse factors are elevated to 'highly relevant' status: failure to maintain nonimmigrant status, failure to depart after admission or parole, conduct inconsistent with the purpose of admission, and any immigration violations or fraud. Critically, even applicants in dual-intent visa categories like H-1B or L-1 — who have traditionally been considered strong AOS candidates — are no longer guaranteed approval based on lawful status alone. The implications are severe for many EB-3 applicants. The current administration has indefinitely suspended immigrant visa issuance via consular processing for nationals of 75 countries, meaning that if AOS is denied and consular processing is unavailable, applicants may find themselves with no viable pathway to permanent residence. Additionally, applicants with unlawful presence who travel abroad risk triggering 3- or 10-year reentry bars, creating a potential trap with no clear resolution. EB-3 applicants with pending I-485 applications or those planning to file should urgently consult with immigration counsel to assess their individual equities under the new discretionary framework. Those with any status violations, gaps in lawful status, or ties to affected countries face heightened risk and should not depart the U.S. without a thorough legal evaluation.