Trump Administration Ends 50-Year Green Card Tradition: What the New USCIS Rule Actually Says

On Friday, May 22, 2026, the Trump administration announced one of the most significant changes to U.S. immigration procedure in more than half a century. The announcement came with no advance warning, no press conference, and no in-app notification to the hundreds of thousands of people it directly affects.

What it came with was a formal policy memorandum from U.S. Citizenship and Immigration Services — and it rewrites how foreign nationals living legally in the United States can apply for a green card.

This article does not speculate. Every claim below is drawn from official government documents, named government spokespersons, or directly reported statements from major news organizations. Where officials have not answered a question, this article says so.

The Official Announcement: USCIS Memo PM-602-0199

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, titled:

"Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process."

The memo was published on the official USCIS website on May 21. Its core instruction to immigration officers and the public:

Adjustment of status under section 245 of the Immigration and Nationality Act (INA) is a matter of discretion and administrative grace not designed to supersede the regular consular processing of immigrant visas.

In plain terms: the process known as Adjustment of Status — which allows a foreign national already living in the United States to apply for permanent residency without leaving the country — is no longer the default. It is now categorized as an exceptional measure, reserved for cases the agency deems to warrant it.

The USCIS news release published alongside the memo states the agency will grant Adjustment of Status "only in extraordinary circumstances."

What USCIS Said: The Official Statements

USCIS spokesperson Zach Kahler issued two on-the-record statements that were reported by NPR, PBS NewsHour, CNN, and NBC News:

"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."

These are the only official government statements made at the time of this article's publication. No statement was made by the White House, the Secretary of Homeland Security, or the President directly. No press briefing was held.

What Changed and What Did Not

What changed

For more than 50 years, foreign nationals legally present in the United States — including those on work visas, student visas, tourist visas, and humanitarian protections — have been able to apply for and complete the entire green card process without leaving U.S. soil. This process is called Adjustment of Status, and approximately 600,000 people per year use it, according to figures reported by Time and The Washington Post.

Under the new memo, those applicants must now leave the United States and complete the process through consular processing — applying at a U.S. embassy or consulate in their home country.

What has not changed

The underlying law has not changed. Section 245 of the Immigration and Nationality Act still authorizes Adjustment of Status. What changed is how USCIS officers are instructed to exercise discretion over that authorization: the memo re-categorizes in-country processing as the exception rather than the rule.

Who Is Directly Affected

The following categories of people are explicitly identified in reporting by NBC News, Time, and Ellis Immigration as affected by the policy change:

• H-1B visa holders (skilled workers sponsored by an employer for permanent residency)
• F-1 visa holders (international students who completed degrees and were pursuing a green card)
• L-1 visa holders (intracompany transferees)
• O-1 visa holders (individuals of extraordinary ability)
• B-2 visa holders (tourist visa holders who married a U.S. citizen and began the green card process)
• K-1 visa holders (fiancés and fiancées of U.S. citizens — the primary pathway for this category was Adjustment of Status)
• Refugees and asylum seekers who had been granted humanitarian protection and were in the green card pipeline
• Spouses and family members of U.S. citizens and lawful permanent residents who are already residing in the U.S.

PBS NewsHour described the scope: "For over half a century, foreign nationals with legal status have been able to apply for and complete the entire process for permanent residence in the United States — including individuals married to U.S. citizens, holders of work and student visas, and refugees and political asylum seekers, among others."

The Exceptions: What "Extraordinary Circumstances" Means

The memo instructs immigration officers to make case-by-case determinations, weighing all relevant factors. It does not define "extraordinary circumstances" with a specific list.

USCIS indicated that people who provide an "economic benefit" to the United States or who serve the "national interest" could qualify. The Washington Post and Semafor both reported these as the stated categories.

On H-1B visa holders specifically, the Department of Homeland Security clarified in a statement reported by NPR that current H-1B holders may be able to "continue on their current path," suggesting this category may be less immediately disrupted — though no formal exemption has been issued in writing as of the date of this article.

What USCIS Has Not Answered

As of May 24, 2026, the following questions remain officially unanswered:

• No effective date has been announced. USCIS did not state when the policy takes effect or whether there is a grace period.
• No guidance on pending applications. Whether the policy applies to green card applications already filed and in process has not been clarified by the agency.
• No definition of "extraordinary circumstances." The term is left to officer discretion on a case-by-case basis, with no published criteria.
• No clarity on length of stay abroad. Whether applicants would be required to remain outside the U.S. for the entire duration of consular processing — which can take months to years depending on country of birth and visa category — has not been addressed.

Fox News, CNN, and The Texas Tribune all noted the absence of answers on these points in their coverage.

The Legal Challenge

Legal challenges were filed promptly. Francis Law Center and AG Law reported that a federal court issued an order requiring USCIS to continue processing certain green card applications that had been placed on an indefinite adjudication hold — a separate but related development suggesting active judicial review of how the agency is managing the transition.

Immigration attorneys have flagged an additional concern raised by Francis Law Center: under the new framework, when USCIS denies an Adjustment of Status application and the applicant has no other lawful status, the agency can place them directly into removal proceedings. The combination of a higher denial rate and an automatic pathway to deportation is what immigration lawyers are calling the sharpest change in the policy's practical consequences.

What This Means for Employers

For businesses — particularly those that have sponsored skilled foreign workers for permanent residency — the memo creates immediate uncertainty.

If an H-1B employee in the green card pipeline is required to leave the U.S. to complete consular processing, that employee may be outside the country for an extended and unpredictable period. The consular processing timeline for employment-based green cards varies by country of birth; for nationals of India and China, for example, backlogs under the existing priority date system already stretch years into the future.

The DHS statement that H-1B holders may be able to "continue on their current path" offers some near-term reassurance for employers, but no formal carve-out in writing means that situation can change without a new announcement.

Businesses that employ foreign workers on nonimmigrant visas and are considering or actively managing green card sponsorships should consult an immigration attorney before taking any action based on the memo. The situation is evolving and the legal landscape may shift as court challenges proceed.

The Bottom Line

On May 21, 2026, USCIS issued memo PM-602-0199, reclassifying in-country green card applications — a process that has been standard practice for more than 50 years and used by approximately 600,000 people annually — as an "extraordinary" form of relief to be granted only in exceptional cases at officer discretion.

The USCIS spokesperson stated: "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."

Critical details — the effective date, how pending cases are handled, who specifically qualifies for exceptions, and how long applicants must remain abroad — remain unanswered by the agency as of the publication of this article.

If you or someone you employ is in the middle of a green card application, speak with a licensed immigration attorney before making any decisions. This article is informational only and does not constitute legal advice.

Official Sources:

• USCIS — Policy Memorandum PM-602-0199 (May 21, 2026, official PDF)
• USCIS — Official News Release: "U.S. Citizenship and Immigration Services Will Grant 'Adjustment of Status' Only in Extraordinary Circumstances"

News Reporting:

• NPR — Trump administration to force foreigners in the U.S. to apply for a green card abroad (May 23, 2026)
• CNN — Trump administration upends green card process, potentially compelling hundreds of thousands to leave US to apply (May 22, 2026)
• PBS NewsHour — Foreigners in U.S. must apply for green cards abroad, new Trump administration rule says (May 22, 2026)
• The Washington Post — New rule requires most green-card applicants to apply from outside U.S. (May 22, 2026)
• NBC News — Visa holders seeking green cards must return to home countries (May 22, 2026)
• Time — Trump's Green Card Changes Could Force Hundreds of Thousands to Leave U.S. (May 23, 2026)
• Fox News — USCIS requires green card applicants to leave US under new Trump policy (May 22, 2026)
• Semafor — Trump orders green card seekers to go overseas to apply (May 22, 2026)
• Texas Tribune — New policy to force green card applicants to apply from abroad (May 22, 2026)
• Foreign Policy Journal — Trump Administration Ends Half-Century Green Card Tradition (May 24, 2026)

Legal Analysis:

• Francis Law Center — New USCIS Policy: Why Green Card Denials May Now Lead to Removal Proceedings
• Ellis Immigration — Breaking: USCIS Restricts Adjustment of Status (May 2026)
• Manifest Law — USCIS Policy Memo on Adjustment of Status, Explained

Have questions about how this policy may affect your business or your team? Book a free call with Sciensify — we can connect you with the right resources.