USCIS Stops Adjustment of Status May 2026: Green Card Must Leave USA Under New Policy

A significant USCIS policy memo issued in May 2026 is reshaping how employment-based green card applicants — including EB-3 workers — can pursue permanent residency. Rather than adjusting status from within the United States, many applicants may now be required to depart and complete consular processing at a U.S. embassy or consulate in their home country. Immigration attorneys and analysts are highlighting a tension between the USCIS memo and INA Section 245(n), which governs adjustment of status eligibility. Legal commentators argue that for EB-5 investors and certain other categories, the statutory language of the INA takes precedence over agency policy memos, potentially creating a two-track system with unequal treatment across visa categories. For EB-3 applicants — particularly those from high-backlog countries like Vietnam, India, and the Philippines — the shift to mandatory consular processing carries significant practical consequences. Applicants currently living and working in the U.S. under valid nonimmigrant status could be forced to leave and risk re-entry delays, visa interview backlogs, or loss of employment authorization. DHS also issued automatic extensions of Temporary Protected Status (TPS) for certain nationalities in the same policy cycle, which may offer a partial reprieve to some affected workers. However, TPS does not confer a path to permanent residency on its own. EB-3 applicants should consult with qualified immigration counsel immediately to assess whether their cases qualify for adjustment of status under INA 245(n), or whether proactive consular processing preparation is advisable given the evolving policy landscape.