USCIS Policy Shifts Green Card AOS to Consular Processing, H-1B Stamping Delays Mount

A significant policy shift from U.S. Citizenship and Immigration Services (USCIS) is redirecting green card applicants, including many H-1B visa holders, towards consular processing abroad. This move, announced in May 2026, is already causing considerable delays in visa stamping appointments and is anticipated to face legal challenges.

USCIS Policy Memo Redefines Adjustment of Status

On May 21 and 22, 2026, USCIS issued Policy Memorandum PM-602-0199, explicitly stating that Adjustment of Status (AOS) is an "extraordinary discretionary benefit" and not an entitlement. This memo reinforces that even applicants who meet all statutory requirements should generally pursue their green card through consular processing outside the United States. The agency emphasized that AOS is an act of administrative grace, not a right, granting USCIS broad discretion in its approval. This policy is a clear directive to funnel more immigration benefits through overseas consulates.

The immediate consequence of this policy is a projected increase in consular processing volumes, leading to longer wait times for interviews and visa stamping. Legal experts anticipate that this new USCIS memo, which effectively mandates consular processing for many green card applicants, is heading for litigation, challenging the agency's interpretation of adjustment of status.

H-1B Visa Holders Face Mounting Stamping Delays

The shift towards mandatory consular processing for green card applicants directly impacts thousands of H-1B visa holders currently in the U.S. who would have previously applied for Adjustment of Status domestically. These individuals are now compelled to travel abroad for their visa interviews, adding complexity and uncertainty to their immigration journey. Reports indicate that interview wait times at key U.S. consulates are already experiencing significant backlogs. For instance, the Mumbai consulate is reportedly seeing wait times exceeding 200 days for interviews.

Current H-1B (Regular) Visa Appointment Availability

A snapshot of H-1B (Regular) visa appointment slots as of May 28, 2026, reveals a stark contrast in availability across different consulates, underscoring the challenges faced by applicants. While some locations offer relatively prompt appointments, others show extensive delays.

Related Immigration News: TPS for Lebanon Extended

In other immigration news, the Department of Homeland Security (DHS) announced a six-month automatic extension of Temporary Protected Status (TPS) for Lebanon. This extension, posted in the Federal Register on May 28, 2026, was enacted because the Secretary of Homeland Security did not make a decision on Lebanon's TPS qualification 60 days before its expiration, ensuring continued protection for eligible individuals.