U.S. Citizenship and Immigration Services has announced a major policy shift that ends the common practice of allowing people on temporary visas to adjust their status by applying for a Green Card from within the country.
Under the new memo, most nonimmigrants, including students, H-1B workers, and tourists, will have to leave the United States and apply for green cards through American consulates abroad.
The change, issued on Friday, May 22, reinforces long-standing immigration law that many had treated as optional for years.
USCIS officers must now direct these applicants to consular processing unless they can prove truly exceptional reasons to remain and adjust status in the U.S.
“We’re returning to the original intent of the law,” said USCIS spokesman Zach Kahler. “An alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.”
For decades, many people came to the U.S. on short-term visas and then applied for adjustment of status while they remained in the country.
This route allows them to avoid leaving the country, often keeping jobs or family ties intact while they wait. The new policy closes that door in most cases.
Kahler said that nonimmigrants, such as students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose, necessitating their departure on time.
“Their visit should not be the first step in the Green Card process,” Kahler explained.
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The agency says the rule will reduce overstays and illegal presence after denials. It also aims to shift the workload away from USCIS field offices.
By sending routine cases to the State Department’s consular posts overseas, USCIS can focus on priorities such as visas for victims of crime and human trafficking, as well as naturalization applications.
Hundreds of thousands of people hold F-1 student visas, H-1B work visas, or other temporary statuses while waiting for employment-based green cards.
Many have established lives in the U.S.; they are spouses, have kids in school, and have careers underway.
For them, a forced departure could mean months or years abroad, waiting for their cases to be processed, with uncertain chances of coming back.
Congress designed the immigration system so that temporary visitors must generally leave when their time ends.
Adjustment of status within the country was intended as a limited option, often for those already in the lawful permanent resident pipeline or facing special hardships.
Some applicants used student or work visas as a stepping stone, staying through the entire green card process. USCIS now calls this a loophole that the new memo shuts down.
Exceptions for Green Card Application Remain in Place
The memo does not list specific examples of “extraordinary circumstances. It only says officers will examine each case keenly and consider all factors.
In most cases, serious medical issues or immediate safety concerns for family members are considered extraordinary cases.
With growing debate over legal immigration levels, the policy signals a return to stricter enforcement of visa categories.
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The State Department already processes many immigrant visas. But moving more work there could stretch resources in some countries where wait times already are long.
The applicant may be asked to attend an interview in their home country, pay for travel expenses, and experience a potential lapse in legal status during the transition.
For H-1B holders in specialty jobs, many companies sponsor them for green cards after a few years. Now, if the petition advances, the worker may need to depart rather than adjust domestically.
This could affect sectors such as technology, medicine, and engineering that draw heavily on foreign expertise.
Student visa holders pursuing advanced degrees and those on optional practical training face similar disruptions.
For some who had planned to transition smoothly from work visas to permanent residency, that path now includes an exit requirement.
USCIS emphasized that the policy does not change eligibility rules; it only changes the location of the application.
Those who qualify for green cards can still get them. They must simply follow the original process established by law.
