USCIS Announces Major Policy Shift: Green Card Applicants Must Generally Leave the U.S. for Consular Processing

Washington, D.C., May 22, 2026 — In a significant policy change that could reshape the U.S. immigration landscape, U.S. Citizenship and Immigration Services (USCIS) has issued a new memo strongly limiting the use of Adjustment of Status (AOS) for individuals already inside the United States.

Effective immediately, USCIS will only grant Adjustment of Status in extraordinary circumstances, directing most green card applicants to return to their home countries and apply through consular processing at U.S. embassies or consulates abroad.

USCIS adjustment of status limited 2026: Most green card applicants must leave US for consular processing starting May 22.

Key Points of the New USCIS Policy

• Adjustment of Status will now be treated as an extraordinary form of relief, not the default option.

• Officers must evaluate each case individually, considering all relevant factors.

• Nonimmigrants (such as students on F-1 visas, temporary workers on H-1B or L-1 visas, and tourists on B-1/B-2 visas) are expected to depart the U.S. when their authorized stay ends and pursue permanent residency from their home country.

• The policy aims to restore the “original intent” of U.S. immigration law and close perceived loopholes.

USCIS Spokesman Zach Kahler stated:

"We are reverting to the law's original purpose to ensure that aliens properly navigate our nation's immigration system. Moving forward, an alien temporarily in the U.S. seeking a Green Card must apply from their home country, except in exceptional situations. This policy enables our immigration system to operate as the law intended, rather than encouraging the use of loopholes."

Kahler added that processing cases abroad through the Department of State will reduce the burden on USCIS resources and allow the agency to focus on higher-priority applications, including those for victims of crime and human trafficking, as well as naturalization cases.

Why This Change Matters

For decades, Adjustment of Status has been a popular pathway for individuals already in the United States to apply for a green card without leaving the country. This route offered convenience, especially for those on temporary visas who found employment or married U.S. citizens.

The new policy represents a major reversal, potentially forcing hundreds of thousands of applicants to depart the U.S. and face longer waits, consular interviews, and possible re-entry complications.

Who Will Be Affected?

The policy primarily impacts:

• Foreign students completing U.S. degrees who wish to transition to work-based green cards

• H-1B and other temporary workers seeking employment-based permanent residency

• Individuals in the U.S. on tourist or business visas who planned to adjust status

• Certain family-based applicants

Exceptions may still be granted on a case-by-case basis for compelling humanitarian reasons, serious law enforcement needs, or other extraordinary circumstances, but these are expected to be narrowly applied.

Background and Policy Intent

USCIS emphasized that the change aligns with long-standing immigration law and court precedents. The agency argues that the immigration system was designed for people to enter temporarily for specific purposes and return home, rather than using temporary visas as a stepping stone to permanent residency.

This announcement comes amid broader efforts to reform the U.S. immigration system, reduce backlogs, and prioritize enforcement of existing rules.

Potential Implications

• Longer Processing Times: Applicants may face extended waits at U.S. consulates abroad, especially in countries with high demand.

• Increased Uncertainty: Individuals currently in the U.S. on temporary visas must now carefully weigh the risks of applying for adjustment versus leaving the country.

• Impact on Employers: Companies sponsoring foreign talent may need to adjust hiring and retention strategies, potentially facing gaps while employees pursue consular processing.

• Family Separation Concerns: Some families may be separated during the application process.

Immigration attorneys and advocacy groups are expected to closely monitor implementation and challenge certain aspects of the policy in the coming months.

What Applicants Should Do Now

• Review their current immigration status and any pending applications immediately.

• Consult with qualified immigration counsel before making any travel or filing decisions.

• Prepare for the possibility of consular processing, including gathering required documents for interviews abroad.

• Monitor official USCIS and Department of State announcements for further guidance.

This policy change is one of the most consequential adjustments to the U.S. green card process in recent years and is likely to generate significant debate among policymakers, businesses, and immigration stakeholders.

For the latest updates, detailed analysis, and practical guides on U.S. Adjustment of Status, consular processing, employment-based green cards, and other immigration policy changes in 2026, visit: visasupdate.com/blog/categories/uSA