USCIS Memorandum May 2026: Adjustment of Status Blocked, EB-3 Applicants May Need to Leave US

On May 21, 2026, USCIS issued policy memorandum PM-602-0199, reminding adjudicating officers that granting adjustment of status (Form I-485) is discretionary and that the process was never intended to replace standard consular immigrant visa processing. The memo marks a significant policy shift that has alarmed immigration attorneys and applicants alike. Historically, the adjustment of status process has allowed foreign nationals already lawfully present in the U.S.—such as H-1B and L visa holders—to complete their green card process without leaving the country. This route has been widely used for decades and is the preferred path for the vast majority of employment-based and family-sponsored applicants. The new memorandum takes the position that nonimmigrants are expected to depart the U.S. once the purpose of their admission is fulfilled, and that seeking adjustment of status may 'contravene Congressional expectations.' While acknowledging dual-intent visa categories like H-1B and L, USCIS now places the burden of proof on applicants to affirmatively demonstrate that a favorable exercise of discretion is warranted. Critically, the memo states that the 'absence of adverse factors, by itself, does not demonstrate unusual or outstanding equities'—meaning a clean immigration record alone may no longer be sufficient for approval. Officers are instructed to weigh all factors in the totality of circumstances, including any immigration violations. For EB-3 applicants and others in the employment-based pipeline, this could mean longer processing times, increased denials of I-485 applications, or being effectively required to pursue consular processing abroad. Applicants currently in the adjustment of status process or planning to file should consult with an immigration attorney promptly to assess their options.