USCIS New Rule May 2026: Green Card Applicants Must Apply From Home Country
USCIS announced a sweeping policy change requiring most green card applicants to pursue consular processing abroad rather than adjusting status inside the US, effectively limiting I-485 filings for many applicants.
In a major shift announced around May 22, 2026, USCIS issued a new rule requiring the majority of green card applicants to apply from their home country through consular processing, rather than filing Form I-485 (Adjustment of Status) while remaining in the United States. This change represents one of the most significant restructurings of the green card application process in recent years.
For EB-3 applicants currently in the US, this rule could mean being required to leave the country and attend a visa interview at a US consulate or embassy abroad — including those who have been waiting years for their priority dates to become current. Applicants from countries like Vietnam, India, and the Philippines, who face the longest EB-3 backlogs, may be disproportionately affected.
The policy aligns with the Trump administration's broader immigration enforcement posture, which has emphasized consular processing over domestic adjustment pathways. Critics argue the rule could create significant hardship for applicants who have built lives in the US while awaiting green card approval, while proponents say it strengthens border and status integrity.
EB-3 applicants with pending or soon-to-be-filed I-485 petitions should consult an immigration attorney immediately to assess how this rule affects their specific case, particularly regarding any grandfathering provisions or exceptions that may apply to cases already in process.
The full regulatory text and effective dates should be reviewed carefully, as transition rules and exemptions — for example, for applicants who already have approved I-140s or are close to interview-ready — may significantly affect individual outcomes.
USCIS has previewed a revised Form I-485 set to roll out in September 2026. Most of the form remains unchanged, but updates to the public charge section could impact how applicants—including EB-3 filers—complete their adjustment of status application.
USCIS reported 12.1 million total pending cases while its formal backlog stood at 7 million — a 5-million gap that reveals how many cases fall outside official tracking metrics.
USCIS is extending expired Employment Authorization Documents for TPS holders from El Salvador (through Sept. 9, 2026) and Ukraine (through Oct. 19, 2026). Recipients will receive notices by mail and via myUSCIS accounts to present alongside expired EADs as proof of work authorization.