The Green Card has long been the goal for anyone wanting to call the United States home for good. But in May 2026, the Trump administration made a move that caught most people off guard. Now, many people applying for permanent residency may have to pack their bags, leave the U.S., and apply through American embassies or consulates in their home countries unless they qualify for a limited exception. (Note: implementation may vary based on individual circumstances and further USCIS guidance.)
The Green Card system goes back to the early 1940s and became more structured after the Immigration and Nationality Act of 1952. Over time, it expanded to include permanent residency through family ties, employment, refugee status, and other immigration programs. Before May 2026, many people already living legally in the United States could apply for permanent residency without leaving the country through a process known as “Adjustment of Status.” Visa holders, including H-1B workers, could generally remain in the U.S. while their applications were reviewed. Under the new policy, remaining in the country during the process generally requires demonstrating “extraordinary circumstances.” Immigration officers may consider factors such as economic contribution, family hardship, or national interest when reviewing requests. Employment-based applicants may receive greater flexibility, while family-based applicants and those with previous immigration issues could face a more difficult process.
The administration says the policy restores the original intent of U.S. immigration law, arguing that temporary visas were never designed to serve as a pathway to permanent residency. Officials say the changes close loopholes and strengthen the integrity of the immigration system. Critics disagree, arguing the policy is intended to reduce legal immigration by making it significantly more difficult for temporary visa holders to obtain permanent residency.
The changes could have significant consequences for employers and workers alike. Skilled STEM professionals, many of whom hold H-1B visas, may face lengthy periods outside the United States while waiting for applications to be processed. Business leaders warn that extended absences could weaken American competitiveness in industries such as technology and artificial intelligence. Foreign-born physicians, medical residents, and researchers may also face disruptions, potentially worsening existing staffing shortages in hospitals, research institutions, and healthcare systems. For employers, losing experienced employees for months or even years creates operational challenges and makes long-term workforce planning far more difficult.
Immigration attorneys and employers also warn that the policy could result in longer processing times, higher legal costs, and increased litigation as the new rules are interpreted. Many believe the policy is already affecting pending applications, even as additional guidance from U.S. Citizenship and Immigration Services is expected. At the same time, the changes do not apply to individuals who already hold Green Cards and are simply renewing their permanent resident status.
