USCIS Stops Adjustment of Status May 2026: EB-3 Must Leave USA for Green Card

On May 21, 2026, USCIS released a significant policy memorandum reframing adjustment of status (Form I-485) as a discretionary benefit—not a routine alternative to consular processing. The agency explicitly stated that adjustment of status was never intended to "supersede" the standard immigrant visa process through U.S. embassies and consulates abroad, characterizing it instead as an extraordinary act of "administrative grace." For EB-3 applicants currently in the United States on H-1B, L-1, F-1, or other nonimmigrant visas, this policy shift carries real consequences. Historically, adjustment of status was preferred because it allowed applicants to remain in the U.S. during processing, obtain interim work authorization (EAD), and receive advance parole for travel. Under the new framework, USCIS officers are now directed to scrutinize whether consular processing abroad is the more appropriate path. Officers will evaluate the "totality of the circumstances," including an applicant's maintenance of lawful status, prior immigration violations, unauthorized employment, compliance with visa terms, conduct inconsistent with nonimmigrant intent, and prior overstays. Applicants with any of these factors in their history face heightened risk of discretionary denial even if they are otherwise eligible. Consular processing, the alternative path, requires the foreign national to attend an immigrant visa interview at a U.S. embassy or consulate—typically in their home country. While applicants may often remain in the U.S. on valid nonimmigrant status while waiting for their appointment, they must depart for the interview itself and may face extended stays abroad due to administrative processing, visa issuance delays, or appointment backlogs that can stretch many months depending on the consulate. EB-3 applicants and their employers should consult with immigration counsel immediately to assess their individual risk under this new discretionary framework. Those with any prior status violations, gaps in authorized stay, or other complicating factors should proactively evaluate whether to continue an AOS application or pivot to consular processing before a denial is issued.