USCIS Tightening Green Card Applications May 2026: I-485 Adjustment of Status Blocked for Non-Dual Intent Visa Holders

On May 21, 2026, the U.S. government issued a significant policy memorandum reshaping how USCIS officers evaluate Adjustment of Status (I-485) applications. The core change reinforces that individuals who entered the United States on non-dual intent visas — including B-1/B-2 tourist visas, ESTA visa waivers, TN visas, and F-1 student visas — are generally presumed to lack immigrant intent and therefore cannot adjust status from within the U.S. For EB-3 applicants currently in the United States on these visa categories, this policy shift has direct implications. Rather than filing an I-485 domestically, affected applicants may be required to pursue consular processing, meaning they must leave the U.S. and attend an interview at a U.S. embassy or consulate in their home country to obtain their immigrant visa. The memo does leave room for discretionary approval in specific cases, but USCIS officers are now expected to apply heightened scrutiny when reviewing adjustment applications from non-dual intent visa holders. Applicants who previously believed they could adjust status without departing the U.S. should consult an immigration attorney to reassess their options. This development is particularly important for EB-3 workers who may have entered on a B or F visa while waiting for their priority date to become current. Those in this situation should evaluate whether to proceed with an I-485 domestically — risking denial under the new guidance — or proactively plan for consular processing abroad. Applicants are advised to review their visa entry category carefully, document any evidence of dual intent where applicable, and seek legal counsel before filing or continuing an I-485 application in light of this updated USCIS policy stance.