NRI PULSE STAFF REPORT
WASHINGTON, DC, May 22, 2026 — The Trump administration on Friday announced a major immigration policy shift that could affect temporary workers, students, and other foreign nationals seeking permanent residency in the United States.
In a new policy memo released May 22, U.S. Citizenship and Immigration Services (USCIS) said it will generally require individuals seeking lawful permanent residency, commonly known as a green card, to complete the process outside the United States through U.S. consular offices, limiting adjustment of status within the country to what it describes as “extraordinary circumstances.”
Adjustment of Status (AOS) has long allowed many individuals already living lawfully in the United States to apply for permanent residency without leaving the country. Under the new policy, USCIS officers are instructed to evaluate requests for this form of relief on a case-by-case basis and consider whether extraordinary circumstances exist.
USCIS said the policy is intended to restore what the agency describes as the original intent of immigration law.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” USCIS spokesman Zach Kahler said in the agency’s announcement.
“From now on, 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,” Kahler said. “This policy allows our immigration system to function as the law intended instead of incentivizing loopholes.”
According to USCIS, individuals who enter the United States on nonimmigrant visas — including students, temporary workers and tourists — are expected to remain in the country for a limited period and for a specific purpose.
“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose,” Kahler said. “Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process.”
The agency also argued that routing more applications through the State Department’s consular system abroad would reduce pressure on USCIS resources.
“Following the law allows the majority of these cases to be handled by the State Department at U.S. consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall under its purview, including visas for victims of violent crime and human trafficking, naturalization applications, and other priorities,” Kahler said.
USCIS also said the policy could reduce situations where applicants remain in the United States unlawfully after being denied immigration benefits.
“When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency,” Kahler said.
The move could have significant implications for many employment-based immigrants, including H-1B workers, international students and others who have traditionally relied on adjustment of status while living and working in the United States.
The change may be particularly significant for Indian nationals, who make up one of the largest groups of employment-based green card applicants and often face years-long visa backlogs.
USCIS said officers will weigh all relevant information when determining whether a case qualifies for adjustment of status under “extraordinary circumstances,” but the agency did not immediately provide detailed examples of what those circumstances might include.
The policy memo takes effect immediately, according to USCIS.
USCIS is applying long-standing law and prior court decisions to require certain aliens with temporary visas who decide they want to permanently reside in the U.S. to return to their home countries to apply for permanent visas through the @StateDept.
— USCIS (@USCIS) May 22, 2026
We’re returning to the… pic.twitter.com/E2AFZkds5m
