USCIS New Rule May 22 2026: AOS Memo Forces Green Card Applicants to Apply From Home Country

A new USCIS policy memo issued in May 2026 is reshaping how foreign nationals — including EB-3 workers — can obtain lawful permanent residence. Under the memo's guidance, USCIS is restricting or eliminating certain pathways to Adjustment of Status (I-485) for applicants who entered the U.S. on specific visa categories, including TPS and parole-based entrants. For EB-3 employment-based applicants, the practical consequence may be a requirement to leave the United States and complete the green card process through consular processing at a U.S. embassy or consulate in their home country. This represents a dramatic shift from current practice, where many applicants complete the entire green card process without departing the U.S. Employers sponsoring foreign national employees under EB-3 face heightened uncertainty, as the memo introduces significant disruption to corporate immigration planning. Employees currently mid-process may face decisions about whether to remain in the U.S. and risk denial, or voluntarily depart to pursue consular processing abroad. Immigration attorneys are advising EB-3 applicants to carefully review their entry history and visa category before filing or continuing any pending I-485 applications. Those from high-backlog countries such as India, China, Vietnam, and the Philippines — who may have waited years to become current on the Visa Bulletin — face particularly high stakes. Applicants and employers should consult qualified immigration counsel immediately to assess the impact of this memo on pending and future cases. Monitoring further USCIS guidance, regulatory updates, and potential legal challenges to this policy will be critical in the coming weeks.