A client of ours, a Chinese multinational executive preparing for EB-1C green card processing, recently asked about the impact of USCIS's new policy effective May 22, 2026, that limits Adjustment of Status (AOS) options for many foreign nationals. This change marks a significant shift from the long-standing practice allowing applicants to remain in the U.S. while their green card is processed.

Under the new USCIS directive, most applicants currently eligible to file Form I-485 for AOS will face restrictions and must instead complete their immigrant visa process through consular processing abroad. This affects a broad swath of visa categories, including L-1 intracompany transferees and EB-1C multinational managers, who form our core clientele. The policy is grounded in USCIS’s interpretation of INA §245, with specific procedural adjustments outlined in 8 CFR 245.1.

Attorney Insight
From our experience handling over 150 EB-1C and L-1 cases in the past two years, timely filing and understanding the nuances of AOS vs. consular processing have been critical. We advise clients with priority dates expected to become current after May 22, 2026, to prepare for consular interviews, especially given that consular processing timelines and interviews may introduce additional delays and logistical complexities.
Attorney Insight
One recent case involved a fintech executive whose EB-1C priority date was close to becoming current in mid-2026. We recommended accelerating document preparation for consular processing and liaising with the U.S. consulate early to secure interview appointments. This proactive approach helped avoid months of unexpected wait time after the May 2026 policy change.

For investors on EB-5, the impact is somewhat nuanced. While many EB-5 applicants rely on consular processing anyway, those adjusting status from within the U.S. should now anticipate mandatory consular interviews. This requires careful financial documentation and project site visits well in advance. We suggest clients confirm their priority dates via the Department of State’s Visa Bulletin [1] and start consular appointment preparations at least six months before anticipated visa availability.

Actionable steps for clients now include: (1) checking your I-485 filing eligibility against the May 22, 2026 cutoff on USCIS’s official site [2]; (2) if your priority date is expected to become current post-May 2026, begin gathering consular processing documents such as DS-260 forms and civil documents; (3) coordinate with your employer or project sponsor early to schedule consular interviews; (4) for L-1 and EB-1C applicants, review your company’s U.S. subsidiary organizational structure and ensure all supporting evidence aligns with consular processing requirements to reduce RFE risk.

Attorney Insight
In summary, while the May 2026 USCIS policy restricts AOS availability, it does not close the door to permanent residency. Instead, it shifts the pathway from domestic adjustment to consular processing. From our perspective, clients who proactively adjust their filing strategies and prepare consular documentation early will face fewer delays and smoother transitions. We recommend scheduling consultations now to align your immigration timeline with these changes and avoid last-minute surprises.

Data Sources

[1] U.S. Department of State, travel.state.gov [2] USCIS, uscis.gov