New US Green Card Rules: Temporary Visa Holders Must Return to Their Home Country To Apply
The US government has introduced a major immigration policy change requiring most foreign nationals on temporary visas to leave the country and apply for permanent residency from their home nation. USCIS said Adjustment of Status will now be treated as an 'extraordinary form of relief' granted only in limited cases, impacting students, tourists and temporary workers in the US.
The United States government has announced a major change to its immigration policy that will require most foreign nationals on temporary visas to return to their home countries to apply for permanent residency or Green Cards, instead of completing the process from within the US.
The new policy, issued by US Citizenship and Immigration Services (USCIS), significantly restricts the use of the long-standing “Adjustment of Status” (AOS) process, which previously allowed many students, tourists and temporary workers already living in the US to apply for permanent residency without leaving the country. H-1B Visa Deadline: Indian Professionals Scramble for Jobs Amid Fresh US Tech Layoffs.
USCIS Reclassifies Adjustment of Status
Under the updated guidance, USCIS has reclassified Adjustment of Status as an “extraordinary form of relief,” meaning approvals will now only be granted in limited and exceptional circumstances.
In its official release, USCIS stated: “US 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.” US to Pause Immigrant Visa Processing for 75 Countries Including Russia, Iran: Fox News.
“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,” the release added. The policy affects a broad category of temporary visa holders, including international students, tourists and foreign workers currently residing in the US.
New US Green Card Rules
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
Homeland Security Defends Policy Shift
The Department of Homeland Security also defended the move in a statement posted on X. “An alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply,” the department said.
“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.”
Officials Say Policy Restores ‘Original Intent’
USCIS spokesperson Zach Kahler said the administration was restoring what it described 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,” Kahler said.
“From now on, an alien who is in the US 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 incentivising loopholes,” he added.
Government Says Move Will Reduce Illegal Overstays
According to USCIS officials, the policy is also aimed at reducing the number of individuals who remain in the United States after their residency applications are denied. Kahler said the practice would reduce the burden of locating and removing people who “slip into the shadows” and stay in the country “illegally.”
He also stated that directing most Green Card applications through US consulates abroad would allow USCIS to focus more resources on humanitarian and naturalisation cases. According to officials, priorities include applications involving victims of violent crimes, human trafficking survivors and citizenship-related processing.
Impact on Visa Holders
The policy marks one of the most significant procedural changes affecting temporary visa holders in recent years.
Immigration experts say the change could create additional uncertainty for international students, H-1B workers and other visa holders who previously relied on Adjustment of Status while building careers or families in the United States.
The updated policy is expected to affect future immigration planning for thousands of foreign nationals already living in the country under temporary legal status.
(The above story first appeared on LatestLY on May 22, 2026 11:41 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).
