USCIS announced Friday that noncitizens on temporary visas must return home for consular processing instead of adjusting status inside the US.
Policy applies broadly except in extraordinary circumstances decided case by case by officers.
Change hits hundreds of thousands including H-1B workers, students, spouses of citizens and others already here legally.
Administration says it closes loopholes and follows original intent of immigration law to cut overstays.
Immigration lawyers and businesses warn of family separations, job losses and talent drain.
An alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply.
This policy allows our immigration system to function as the law intended instead of incentivizing loopholes.
The era of abusing our nation’s immigration system is over. https://t.co/ofyEYGPDLC
— Homeland Security (@DHSgov) May 22, 2026
🚨BREAKING TONIGHT: A massive change in U.S. immigration policy.
The Trump administration has announced that any noncitizens in the country who have applied for a green card must leave the United States indefinitely. pic.twitter.com/NhdxhIpSK6
— Special Report (@SpecialReport) May 22, 2026
WASHINGTON—U.S. Citizenship and Immigration Services today announced a new policy memo reiterating the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country. Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. 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. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. 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,” said USCIS Spokesman Zach Kahler.
“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. 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. 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. The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient.”
For more information, see the policy memo to USCIS immigration officers.