USCIS Policy Change: Green Card Applications To Be Filed Outside the US in Most Cases

Understanding the New USCIS Green Card Ruling

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199. This memo classifies Adjustment of Status (Form I-485) as an “extraordinary form of discretionary relief.” Most applicants on temporary visas must now pursue green cards through consular processing abroad.

Who Is Most Affected?

The policy mainly impacts individuals in the United States on nonimmigrant visas, including:

• International students (F-1/OPT)

• H-1B specialty occupation workers

• L-1 intra-company transferees

• TN professionals and other temporary visa holders

Impact on International Students and H-1B / L-1 Workers

International Students: Many on OPT or moving to H-1B will likely need to leave the US after their program to complete green card processing. This can disrupt careers and study plans.

H-1B and L-1 Workers: Even with dual intent visas, Adjustment of Status will only be approved in rare “extraordinary circumstances.” Most will have to depart for consular processing.

Key Risks:

• Longer waits at US consulates abroad

• Potential re-entry problems

• Family separation

• Higher risk of delays or denials

What Canadians Should Do Now

If you are a Canadian with a pending or planned green card petition, review your status and priority date quickly. Early planning helps reduce disruption to your work and family.

Recommended Steps:

1. Check if your case qualifies as an extraordinary circumstance.

2. Prepare strong documents for consular processing.

3. Consider strategic timing for your I-140 petition.

This policy makes the green card process more complex but does not eliminate permanent residency options.

If your green card petition is in process or you plan to file one, book a consultation with our US immigration lawyers today. We provide clear strategies to navigate the new rules and protect your future in the United States.

This article provides general information only and is not legal advice. Immigration policies change frequently. Contact our office for personalized guidance.