USCIS Green Card Policy Shift Requires US-Based Applicants to Return Home, June 10

On May 21, the US Citizenship and Immigration Services released a memo stating that granting green cards to applicants already in the US is “an act of administrative grace” rather than standard procedure. The policy shift reverses decades of practice where people on work visas could apply for permanent residency without leaving. About 608,260 people applied for green cards while in the US in fiscal year 2023, meaning hundreds of thousands could face new barriers annually.

What the Policy Actually Says

USCIS stated that applicants physically present in the US must now treat green card applications as extraordinary relief. A follow-up statement tightened the language, saying applicants must return to their home country to apply except in extraordinary circumstances. The memo does not define what counts as extraordinary, creating confusion among employers and immigration lawyers.

Conflicting Signals From Government

USCIS later clarified that exceptions would apply to people providing economic benefit or whose presence serves the national interest. The Department of Homeland Security then stated that highly qualified and skilled applicants would see no noticeable change. These conflicting statements left the actual scope of the policy unclear. The policy change was done through informal guidance rather than formal regulation, bypassing standard rulemaking procedures.

Who Gets Hit Hardest

About one million people obtain green cards annually. More than half (608,260 in 2023) applied while already in the US under other visa statuses. The policy could force hundreds of thousands to leave the country, pause their work, and reapply through consulates abroad. Immigration advocates and businesses have opposed the change, citing processing delays and disruption to workforce planning.

Court Challenges Already Underway

On June 5, a federal judge in Rhode Island ruled that USCIS exceeded its authority by pausing adjudication of immigration benefits for people from 38 travel-ban countries. Judge John McConnell stated the agency failed to explain the shift adequately and used pretextual national security concerns. Immigration lawyers are tracking multiple policy changes affecting work permits, green cards, and citizenship applications.

Final Thoughts

The USCIS memo fundamentally changes green card processing by requiring most applicants to leave the US and apply abroad. With courts already blocking related policies and businesses opposing the shift, the actual impact remains unclear as the agency continues to issue conflicting guidance.

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