USCIS Restricts Adjustment of Status: Obtaining a Green Card from Within the United States May Become the Exception

In May 2026, U.S. Citizenship and Immigration Services (USCIS) announced a new policy that could significantly change the path to obtaining a Green Card for thousands of foreign nationals currently residing in the United States on temporary visas.

According to the newly issued policy memorandum, USCIS intends to substantially limit the use of Adjustment of Status (AOS)—the process that allows eligible individuals to obtain lawful permanent resident status without leaving the United States. Going forward, this option may be available only in extraordinary circumstances.

What Is Adjustment of Status?

Adjustment of Status is the immigration process that allows a foreign national to change their status and obtain a Green Card while physically present in the United States.

For many years, this process has been widely used by students, highly skilled professionals, investors, and family members of U.S. citizens. After receiving approval of an immigrant petition, applicants could complete the Green Card process without having to leave the country.

The new USCIS policy, however, signals a return to a stricter interpretation of existing immigration laws.

What Will Change for Applicants?

According to USCIS, individuals who enter the United States on nonimmigrant visas are expected to remain in the country temporarily and depart once the purpose of their visit has ended.

As a result, most foreign nationals seeking permanent residence may be required to complete their immigration process through Consular Processing, which involves obtaining an immigrant visa at a U.S. embassy or consulate outside the United States.

In practical terms, this means that after an immigrant petition is approved, applicants may be required to leave the United States, attend an immigrant visa interview at a U.S. consulate in their home country, and then re-enter the United States as lawful permanent residents.

Which Visa Categories Could Be Affected?

The new policy may impact a broad range of temporary visa holders, including individuals in the following categories:

• F-1 Student Visa;

• H-1B Specialty Occupation Visa;

• L-1 Intracompany Transfer Visa;

• E-2 Treaty Investor Visa;

• J-1 Exchange Visitor Visa;

• B-1/B-2 Business and Tourist Visas.

  
  

In addition, the policy could affect applicants pursuing permanent residence through popular employment-based immigration categories, including:

• EB-1A Extraordinary Ability;

• EB-1B Outstanding Professors and Researchers;

• EB-1C Multinational Managers and Executives;

• EB-2 National Interest Waiver (NIW);

• EB-2 and EB-3 Employment-Based Categories;

• Family-Based Immigration Categories.

  
  

What Does “Extraordinary Circumstances” Mean?

USCIS has stated that Adjustment of Status may still be available in cases involving extraordinary or exceptional circumstances.

At this time, however, the agency has not published a comprehensive list of situations that would qualify. Such circumstances may include humanitarian concerns, significant hardship associated with leaving the United States, or other compelling factors requiring individualized review.

Each case will be evaluated independently based on its specific facts and supporting evidence.

Why Is USCIS Changing Its Approach?

According to USCIS, the current system has allowed temporary visas to function as a stepping stone toward permanent immigration, even though those visa categories were originally designed for temporary stays.

The agency argues that most Green Card applications should be processed through U.S. consulates abroad. USCIS believes this approach will reduce administrative burdens and allow the agency to focus resources on other priorities, including naturalization applications, humanitarian programs, and visas for victims of violent crimes and human trafficking.

What Should Applicants Do Now?

Despite the announced policy changes, applicants should not make rushed decisions regarding their immigration plans. Immigrant petitions can still be filed and processed. However, Green Card strategies may need to be reassessed in light of the new USCIS guidance.

It is particularly important to evaluate potential risks associated with consular processing and determine whether any factors may support eligibility for Adjustment of Status despite the new restrictions.

Because these changes could affect both employment-based and family-based immigration pathways, obtaining professional legal guidance and developing a personalized immigration strategy is highly recommended.

Conclusion

The new USCIS policy may represent one of the most significant immigration policy shifts in recent years. While many foreign nationals previously expected to obtain permanent residence without leaving the United States, consular processing may once again become the primary route to obtaining a Green Card.

Applicants pursuing EB-1A, EB-2 NIW, family-based immigration, and other Green Card categories should closely monitor future USCIS guidance and ensure that their immigration strategy is adapted to the evolving legal landscape.