USCIS New Rule May 22 2026: Must Leave US to Get Green Card – What EB-3 Applicants Must Know

A significant new USCIS policy memorandum issued on May 22, 2026 is sending shockwaves through the immigration community. According to a Reddit user who consulted their immigration attorney, the memo alters the USCIS Policy Manual — the agency's official rulebook governing how officers interpret immigration law and adjudicate applications — in ways that could force many applicants to leave the United States to complete their green card process. The core change appears to restrict or eliminate Adjustment of Status (Form I-485), the process that allows certain immigrants already inside the US to obtain a green card without departing. Under the new directive, affected applicants would instead be required to pursue Consular Processing, meaning they must return to their home country, attend an interview at a US embassy or consulate, and re-enter the US with an immigrant visa. For EB-3 applicants — including skilled workers, professionals, and unskilled workers — this shift carries serious practical consequences. Many EB-3 beneficiaries have been living and working in the US for years under valid employment authorization while awaiting visa availability. Being required to depart could trigger bars to re-entry, disrupt employment, or create risks for those with prior immigration violations. The USCIS Policy Manual itself is not a statute passed by Congress, but it carries significant weight as the official guidance officers follow when making adjudication decisions. Policy memo changes of this nature can take effect quickly, potentially affecting pending I-485 applications already in the pipeline. EB-3 applicants and their families are strongly advised to consult a qualified immigration attorney immediately to assess how this memo affects their specific case, whether any exemptions or grandfather provisions apply, and what steps — if any — must be taken before the policy is enforced.