Two routes to the same green card
An approved immigrant petition, whether an I-140 for EB-1A, NIW, or another employment-based category, establishes that you qualify, but it does not give you a green card. Once a visa number is available under the Visa Bulletin, the last step goes one of two ways.
Adjustment of status means filing Form I-485 with USCIS and becoming a permanent resident without leaving the US. It is available under INA 245 to applicants who were inspected and admitted or paroled and who meet the other conditions. Consular processing means the case moves to the State Department’s National Visa Center, the applicant submits a DS-260 and documents, interviews at a US embassy or consulate, and enters the US on an immigrant visa.
How they compare
| Adjustment of status | Consular processing | |
|---|---|---|
| Where you wait | In the US | Usually abroad, interviewing in your home country |
| Work while pending | Work permit available, or keep working on H-1B, L-1, or O-1 status | No interim work permit |
| Travel while pending | Advance parole available; leaving without it can abandon the I-485, except for H-1B and L-1 holders returning on that visa | Not tied to US travel documents |
| Changing jobs | Possible after 180 days under AC21 portability | No equivalent protection |
| If denied | A motion to reopen or reconsider can be filed with USCIS | Consular refusals are generally not reviewable in court |
| Past unlawful presence | No departure, so the re-entry bars are not triggered | Leaving can trigger a three- or ten-year bar |
| Family abroad | Family members outside the US still need consular processing | The whole family can process together at the consulate |
What changed in 2026
USCIS signaled a preference for consular processing
On May 21, 2026, USCIS issued memo PM-602-0199, which describes adjustment of status as extraordinary relief and emphasizes officer discretion. Adjustment has always been discretionary under INA 245, but the memo signals closer scrutiny of who deserves it, and the September 18, 2026 public charge rule added a broader test for every I-485.
Consulates paused immigrant visa interviews
In late August 2026, the State Department paused immigrant visa interviews at consulates worldwide while officers retrained on public charge screening, with no firm date to resume. The analysis of the pause covers who it affects. Anyone considering consular processing should check the current status for their consulate before relying on it.
Work permits got slower and less certain
The main practical advantage of adjustment, working on a pending green card, became less reliable. From April through June 2026, USCIS denied 43.5% of the adjustment-based work permits it decided, across all types of green card case, and the median wait rose to 6.4 months, as the work permit analysis shows. Renewals no longer extend automatically. Applicants who can keep H-1B, L-1, or O-1 status alongside the I-485 are much less exposed.
“The memo pushes toward consular processing at the same moment consulates have stopped interviewing, so for most applicants already in the US, adjustment is still the practical route.”
Which route fits
Adjustment usually fits if you are already in the US
Applicants living and working in the US on a valid status, such as H-1B, L-1, O-1, or F-1, usually do best adjusting. They avoid the trip, keep their jobs and their status while the case is pending, and gain job portability after 180 days. Employment-based applicants also benefit from INA 245(k), which forgives up to 180 days of certain status violations since the last admission.
Consular processing usually fits if you live abroad
Applicants living outside the US, or whose spouse and children are abroad, generally process through a consulate, since there is no way to adjust from outside the country. It also suits applicants who are not eligible to adjust, for example because of how they entered. The current interview pause means timing is uncertain until the State Department resumes scheduling.
Get advice first if your history is complicated
Anyone with past unlawful presence, a prior visa refusal, or a gap in status should get advice before choosing. Leaving the US for a consular interview can trigger the three- and ten-year bars, and in August 2026 the Board of Immigration Appeals held that even travel on advance parole can count as a departure for that purpose.
Questions to answer
- Are you in the US now, and were you inspected and admitted or paroled on your last entry?
- Do you have any history of unlawful presence or status violations?
- Do you need to work or travel while the case is pending, and do you have a status that allows it?
- Are your spouse and children in the US or abroad?
- Are interviews being scheduled at your consulate, and what are current I-485 times at your field office?
Switching routes
An applicant can change routes later. One whose petition is approved can ask USCIS to send it to the National Visa Center using Form I-824 and pursue consular processing instead, which can make sense if adjustment stalls or the applicant moves abroad. An applicant in the US who started consular processing and is eligible to adjust can generally file an I-485. Either switch adds time, so the route is worth settling at the petition stage rather than after a delay.