The U.S. Citizenship and Immigration Services (USCIS) announced a major policy change on May 22, 2026, affecting temporary visa holders seeking U.S. permanent residency.
What changed?
USCIS stated that foreign nationals in the U.S. on temporary visas who want a Green Card must now return to their home country to apply through consular processing via the Department of State. This applies to non immigrants like students, temporary workers, and tourists.
Their visit should not function as the first step in the Green Card process.” 7b27
Key Points:
– Who is impacted: Indians on H-1B, F-1 students, and other temporary visa holders planning to apply for Adjustment of Status 788a
– Process change: Adjustment of Status from within the U.S. will now be treated as an “extraordinary form of relief” ,
– Exception: Case-by-case review for extraordinary circumstances.
What should applicants do now?
- If you’re already in the U.S. on a temporary visa: Consult an immigration attorney before filing I-485. You may need to plan travel to your home country for consular processing.
- If your I-485 is pending: USCIS has not yet clarified if the rule applies retroactively. Seek legal advice immediately.
- Students & H-1B holders: Factor consular processing timelines into your PR strategy. This may affect job transitions and stay continuity.
