Green Card Uncertainty in the U.S.? Why Canada Should Be Your Plan B

On May 21, 2026, U.S. Citizenship and Immigration Services issued a policy memo that may result in certain green card applicants being required to exit the United States to complete their green card processing at a U.S. consulate abroad. This is one of many changes the Trump Administration has made to U.S. green cards in recent years.

The memo and its changes are technical in nature. In order to understand the possible implications, first you need to understand the green card application process. It’s complex, but necessary to understanding how these changes could affect you.

If you’re the type of reader who usually skims an article: now is not skimming time. Let’s lock in and understand this.

First: There Are Two Main Ways Green Cards Are Processed

In general, there are two main ways someone can complete the U.S. green card process.

#1 – Consular Processing

The first green card process is called “consular processing.” This is considered the traditional pathway. Under consular processing, an applicant completes their immigrant visa processing through a U.S. embassy or consulate outside the United States. In practice, this often means leaving the U.S., attending an interview abroad, and then re-entering the country as a permanent resident once approved.

#2 – Adjustment of Status (AOS)

The second pathway is called “adjustment of status” or AOS. This allows certain eligible applicants already inside the U.S. to apply for a green card without leaving the country. For example, an H-1B worker may continue living and working in the U.S. while their green card application is processed.

Technically, U.S. immigration law treats consular processing as the “standard pathway” and adjustment of status as an exception. But in recent years, AOS has become extremely common for employment-based immigrants already living in the United States. As a result, many foreign workers have built their long-term plans around the expectation that they would not need to leave the country during the green card process.

That expectation is what this new USCIS memo may begin to change.

Getting into the Weeds: What Does the USCIS Memo Say?

The May 21 USCIS memo states that “adjustment of status” should be treated as “extraordinary” relief, not as a routine alternative to applying for an immigrant visa through consular processing at a U.S. consulate abroad.

The new memo does not end AOS, nor does it cancel or change green card categories. It also does not automatically mean every applicant will have to leave the U.S. to finish the process. But – it does signal a more discretionary approach.

For skilled workers who have built their careers, families, and financial lives around AOS processing, this uncertainty could throw long-determined plans out the window.

What Changed Exactly for Green Card Applicants?

The USCIS memo repeatedly describes adjustment of status as a matter of “discretion and administrative grace.” It also says AOS is an “extraordinary” form of relief because it allows someone to avoid the regular consular visa process abroad.

To put it more simply, USCIS is telling officers to stop treating in-country green card processing as automatic, even when an applicant appears to meet the basic eligibility requirements. That’s an important distinction for green card hopefuls, as it will require certain applicants to leave the U.S. to complete their green card processing at a U.S. consulate in another country.

Many employment-based applicants are used to thinking about green card eligibility as a checklist: Do you have an approved petition? Are you admissible? Have you maintained status?

Under the new framework, checking the boxes may not be enough. USCIS officers are being reminded to weigh the full circumstances of the case before deciding whether to approve AOS. The memo says officers should consider factors such as previous immigration violations, failure to maintain status, unauthorized work, fraud or false testimony, and conduct that may be inconsistent with the original purpose of a visa or admission to the United States.

That could make the process feel much less predictable for some applicants. That being said, the memo is less than a week old and it remains uncertain exactly how rigorous USCIS officers will be in applying their renewed discretion.

Skilled Workers in the U.S. Need to Prepare

This update is especially relevant for foreign workers in the U.S. who are hoping to move from temporary status to permanent residence. That includes workers and graduates in categories such as H-1B, L-1, F-1, TN, O-1, E-2, and other temporary visa pathways.

The level of risk will not be the same for everyone. The memo specifically recognizes that applying for AOS is not inconsistent with maintaining a “dual intent” status.

What is a dual intent visa?

In general, approval for a U.S. temporary visa is tied to the applicant’s commitment to return to their home country after their status expires. However, certain visa categories – such as H-1B and L-1 – are considered “dual intent,” meaning that the U.S. acknowledges that it’s normal for an immigrant to want to stay in the country long term. The common types of visas that allow dual intent are H-1B (specialized workers), L-1 (intra-company transfers) and their H-4 and L-2 dependents.

The memo’s distinction regarding dual intent visas is important because it indicates that H-1B and L-1 workers are likely in a stronger position than applicants in visa categories where immigrant intent can create more complications.

Does a dual intent visa guarantee there will be no issues?

No – the memo also says that maintaining lawful dual intent status is not, by itself, enough to guarantee a favourable exercise of discretion. That means even some applicants with solid U.S. careers may face more scrutiny than expected, potentially even requiring them to leave the U.S. for final processing.

For workers in non-dual-intent categories, the risks may be higher. Someone on F-1 (students), TN (USMCA workers), E-2 (investors), O-1 (extraordinary ability visa) or another temporary pathway may need to think carefully about how their immigration history, intent, and previous filings could be viewed.

This is where legal advice can make or break an application. Anyone affected should speak with a qualified U.S. immigration lawyer before making decisions about travel, filings, or long-term planning.

The Issue with U.S. Consular Visa Processing

USCIS is pointing to consular processing as the ordinary path for many green card applicants. But consular processing can come with real-world complications.

Applicants may need to leave the U.S., attend an interview at a U.S. consulate abroad, and wait for approval before returning as permanent residents. For workers with jobs, mortgages, leases, children in school, or family obligations, that is not a small administrative step.

There is also broader uncertainty in the U.S. visa system right now. The U.S. Department of State states that, effective January 21, 2026, it paused all visa issuances to immigrant visa applicants who are nationals of a list of 75 countries, while still allowing affected applicants to submit applications and attend interviews.

That does not affect every applicant, nor does it apply to all visa types. But it shows why being pushed toward consular processing can feel risky, especially for applicants from affected countries.

Did USCIS Walk This Memo Back?

Somewhat, but not completely. After the memo sparked concern, immigration lawyers and media reports noted that the practical impact may be narrower than the strongest early interpretations suggested. Legal analysts have pointed out that the memo does not change the law or the basic eligibility rules for adjustment of status, but it does direct officers to apply more scrutiny.

Zach Kahler, USCIS spokesman, told Newsweek that, “People who present applications that provide an economic benefit or otherwise are in the national interest will likely be able to continue on their current path.”

However, Kahler’s statement doesn’t guarantee certainty, as he clarified that some applicants “may be asked to apply abroad depending on individualized circumstances.”

For many skilled workers, the biggest issue is this uncertainty. When an immigration approval relies more heavily on an officer’s individual discretion, that can make the process feel much less reliable.

For skilled workers seeking an alternative pathway to permanent residency in North America, Canada may offer a more reliable option.

Why Canada Should be Your Plan B

Canada is not a perfect immigration backup plan for everyone. Canadian immigration has also become more competitive, and applicants still need to qualify under the rules in place at the time they apply.

But – Canada does offer something many skilled workers are looking for right now: clear permanent residence pathways that are designed to attract talent. Express Entry is Canada’s main application management system for skilled workers. It manages applications under the Canadian Experience Class, Federal Skilled Worker Program, and Federal Skilled Trades Program. (Although, these programs may be streamlined later this year.)

Canada also uses category-based Express Entry draws to target candidates with specific language abilities and work experience in priority areas.

Provincial Nominee Programs or PNPs may also be an option for workers whose skills match the needs of a specific province or territory. Provinces can nominate candidates for permanent residence, and some PNP streams are aligned with Express Entry.

For skilled workers already in the U.S., Canada may be worth exploring if you have:

• strong English or French language ability (Canada prioritizes applicants with strong French language ability);
• skilled work experience, especially in priority categories for Express Entry;
• strong education credentials, particularly at the master’s degree level or higher;
• a Canadian job offer or a U.S. employer with an office in Canada;
• previous Canadian work or study experience;

You do not need to abandon your U.S. plans to assess your Canadian options. In fact, the best time to build a backup plan is before you urgently need one. If you’d like to explore your options, you can speak with a regulated Canadian immigration consultant:

What Skilled Workers in the U.S. Can Do Right Now

If you are in the U.S. and working toward a green card, this is a good moment to review your options on both sides of the border.

First, speak with a qualified U.S. immigration lawyer before making any assumptions about how the USCIS memo affects your case.

Next, check whether you may be competitive for Express Entry or a Provincial Nominee Program. Moving2Canada offers several resources that can help you assess your eligibility:

• Immigration Quiz: Assess your eligibility for a range of programs
• CRS Score Calculator: Estimate your CRS score for Express Entry and see if you’re competitive
• PNP Live Tracker Tool: Filter eligibility requirements for all of Canada’s PNP streams

Of course, if you’d like a professional assessment of your eligibility, we recommend booking a consultation with our regulated Canadian immigration consultant.

Finally, if you decide to pursue Canadian immigration, gather your documents and begin the process early. Canadian immigration planning often requires language tests, education credential assessments, employment records, police certificates, and other supporting documents. The entire process can take well over a year, even for highly qualified candidates.

The new USCIS memo makes one thing clear: under the Trump Administration, the green card process is becoming more discretionary and less predictable for many people. It will take time to better understand how this new approach is being applied and who is being affected.

For skilled workers building careers and lives in North America, Canada deserves serious consideration. Your U.S. green card plan may still work but now is a good time to understand your Canadian options.