USCIS New Rule 2026: EB-3 Applicants May Be Forced to Leave US for Green Card

The April 2026 Visa Bulletin brought rare good news for EB-2 and EB-3 applicants when the Department of State made priority dates in the Dates for Filing chart fully "current" — meaning no waiting queue existed for filing Adjustment of Status (AOS) applications inside the United States. Employers and foreign nationals moved quickly to prepare I-485 filings in anticipation of a smoother path to permanent residence. However, USCIS intervened with a significant policy shift for the May and June 2026 Visa Bulletins. Despite priority dates remaining current in the Dates for Filing chart, the agency announced it would instead apply the Final Action Dates chart to determine AOS filing eligibility. This distinction matters enormously: the Final Action Dates chart had not advanced nearly as much, particularly for the EB-3 "all other countries" category. The practical effect was immediate and disruptive. Applicants who were eligible to file under the Dates for Filing chart suddenly found themselves ineligible, as the Final Action Dates chart imposed earlier cutoff dates. This triggered a frantic rush to submit EB-3 AOS applications before May 1, 2026, the effective date of USCIS's new approach. The EB-2 "all other countries" category fared better, remaining current in the Final Action Dates chart through June 2026. This episode highlights how employer-sponsored green card cases depend on coordinated decisions from multiple agencies — the Department of State sets the Visa Bulletin, while USCIS determines which chart governs AOS eligibility. Either agency can shift the rules mid-cycle, creating urgency for applicants and their employers to monitor developments closely. Immigration practitioners advise that US employers continue sponsoring foreign national employees and remain prepared to adapt quickly when agency policies shift. For applicants who missed the pre-May 1 AOS window, consular processing abroad may now be the required alternative path to obtaining a green card.