The US Citizenship and Immigration Services (USCIS) announced on May 21 that foreign nationals temporarily in the US must now leave the country to apply for permanent residency unless they qualify for rare exceptions [1, 2, 3, 4]. The new policy covers holders of non-immigrant visas such as students, H-1B, L visas, and visitors [1].
USCIS spokesman Zach 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" [1]. The agency added that exceptions will only be granted in rare situations, such as if the applicant provides economic benefit or serves the national interest [4].
This change could affect hundreds of thousands of people annually and may significantly reduce legal immigration numbers, according to USCIS estimates [1]. Many applicants could face long waits overseas due to backlogs in consular appointment scheduling, leaving them stranded for weeks or years before their applications proceed [2, 3].
The policy has drawn criticism from business leaders and immigration advocates. Blake Scholl, CEO of Boom Supersonic, said, "But I don't understand why we make it harder for motivated, ambitious, hardworking people to come to the land of opportunity" [4]. Nick Davidov, founder of Davidovs Venture Collective, called the change "The biggest bullshit move by DHS in its history" and warned that requiring O-1 and H-1B visa holders to leave and endure backlogs would force them to stop working legally in the US for extended periods [4].
USCIS’s announcement formalizes a shift that will reshape how foreign nationals adjust status in the US. The new rule takes effect immediately as of May 21, 2026 [1].
