USCIS New Rule May 22 2026: Green Card Must Apply From Home Country — What EB-3 Workers Face

A new USCIS policy directive issued around May 22, 2026, authored under the direction of Stephen Miller and Joseph Edlow, is drawing intense criticism from the immigration community. The policy appears to severely restrict or eliminate the I-485 Adjustment of Status pathway, forcing green card applicants — including those in employment-based categories like EB-3 — to pursue consular processing from their home countries instead. For employment-based applicants, this creates a paradoxical and potentially career-ending situation. EB-3 green cards are tied to active employment with a sponsoring U.S. company. Forcing an applicant to leave the country — sometimes for an indeterminate period given consular backlogs — effectively severs the employment relationship that is the very basis of the petition. Workers from countries like India and Vietnam already face backlogs exceeding 10 years, meaning this requirement could result in permanent separation from their U.S. jobs and lives. The practical implications are severe for the hundreds of thousands currently in the EB-3 pipeline. Many have U.S.-born children, mortgages, long-term employment records, and deep community ties. The policy does not appear to account for these circumstances, treating applicants in final stages of a decade-long legal process as if they had no established presence in the United States. Critics argue this policy is not only logistically impractical but legally questionable, as adjustment of status has been a statutory right under the Immigration and Nationality Act for decades. Immigration attorneys are expected to mount legal challenges, and advocacy groups are calling on Congress to intervene. EB-3 applicants and their employers should immediately consult with qualified immigration counsel to assess their specific situation, evaluate whether any grandfathering provisions exist, and explore all available legal remedies before taking any action that could affect their status.