The US has changed the approach to obtaining a green card for temporary visa holders – and this applies to citizens of any country. Find out what the new USCIS memorandum PM-602-0199 means, who it affects, what is currently unclear and how to prepare for the changes to the process of obtaining permanent residence in America

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On May 22, 2026, the US Citizenship and Immigration Services (USCIS) issued a memorandum that changes the established practice of obtaining permanent residence in the country. Thousands of people around the world who have been planning their path to an American green card for years are now forced to rethink their strategies.

What awaits temporary visa holders after the change in the procedure for obtaining a US green card is described in this article.

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What changes has the US Citizenship and Immigration Services (USCIS) announced regarding the Green Card and why is it important?

The document with a long official title – Policy Memorandum PM-602-0199 “Adjustment of Status is a Matter of Discretion and Administrative Grace” – at first glance sounds like a bureaucratic formality. However, behind the dry wording lies a significant rethinking of how and where foreigners can apply for permanent residence in the United States.

The essence of the changes boils down to the following: USCIS no longer considers a change of status within the United States (the so-called Adjustment of Status, or AOS) as a standard procedure. From now on, it is an “exceptional form of assistance” provided at the discretion of the government only in “extraordinary circumstances”. Consular processing is once again becoming the standard way – that is, submitting an application for a green card through a US embassy or consulate outside the country.

Simply put: if you are in the US on a temporary visa and dream of permanent residence, most likely you will have to return home first.

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What was the procedure for obtaining a Green Card before and how has everything changed?

For decades, the Adjustment of Status system allowed foreign citizens who were already in the US to apply for a green card without leaving the country. It was convenient, logical and widely used - by students, temporary workers, tourists.

USCIS representative Zach Kahler openly stated that temporary visa holders come to the US "for a short time and for a specific purpose," and these visits "should not serve as the first step in the green card process." According to the agency, transferring more cases abroad will also free up USCIS resources and focus on processing citizenship applications, as well as protecting victims of human trafficking and crime.

Critics, however, believe that the new rhetoric is deliberately harsher than the practical consequences of the memorandum. Some immigration lawyers emphasize that the document does not prohibit Adjustment of Status automatically - it raises the discretionary bar and obliges USCIS officers to evaluate each case individually.

Who does the memorandum apply to?

The new memorandum applies to all holders of temporary (non-immigrant) visas who planned to obtain a green card while inside the United States. This applies to:

- F-1 student visas – those who study at universities and expected to stay after graduation through OPT or H-1B

- H-1B, L-1, O-1 work visas – specialists sponsored by American employers

- B-1/B-2 tourist and business visas – those who tried to use their stay in the country to change their status

- Dependent family members – holders of H-4, L-2 and other derivative visas

It is worth noting the nuance regarding the so-called “dual-intent” visas – in particular H-1B and L-1. The memorandum directly indicates that for these categories, filing for Adjustment of Status does not contradict temporary status. That is, for H-1B and L-1 holders, the practical impact may be less than for students or tourists.

We talked about the H-1B visa to the USA, one of the most popular ways of legal employment, in the previous article.

What’s unclear now – and why it matters

The memorandum leaves open several key questions that are already causing concern among lawyers and applicants.

“Extraordinary circumstances” are not defined. The document does not contain a clear list of what is considered sufficient grounds for processing an AOS within the United States. This means that the decision will depend on the individual officer and the individual case.

I-485 applications that have already been filed are in a gray area. Unlike some previous changes in USCIS policy, the memorandum does not include a “grandfathering” provision – that is, an explicit protection for applications that have already been filed. This means that a person who filed an I-485 a month ago could face increased scrutiny or additional inquiries.

Legal challenges are expected. Several immigrant organizations have already announced their intentions to challenge the memorandum in court. How the situation will develop further – time will tell.

We previously reported that the United States has already suspended the issuance of immigrant visas for 75 countries.

What does this mean in practice?

For those who still have to undergo consular processing, the route will look different. Instead of filing Form I-485 and waiting for a decision in the United States, the applicant:

1. Returns to their country.

2. Sends documents through the National Visa Center (NVC) of the State Department.

3. Has an interview at the appropriate U.S. consulate or embassy.

4. Receives an immigrant visa and returns to the United States as a permanent resident.

Important innovation: starting November 1, 2025, the National Visa Center, as a rule, schedules interviews in the consular district of the applicant’s place of residence or in the country of his citizenship. Exceptions are only in humanitarian or medical emergencies.

This adds new variables to the process: the length of the wait at a particular consulate, the risk of administrative review, the cost of returning to the homeland for the entire family already living in the USA.

What is the Visa Bond program in the USA 2026 - read here.

What to do right now?

If you are in the USA on a temporary visa and have plans for permanent residence - here is what you should pay attention to:

1. Do not rush to take radical steps. Do not leave the USA, do not withdraw already submitted applications and do not stop working solely because of this news. The practice of applying the memorandum has not yet been formed.

2. Contact a licensed immigration attorney. The key conclusion of the memorandum for those who have not yet filed documents: a green card application must now contain clear arguments in favor of why your case deserves to be processed in the USA. Without professional training, this is much more difficult to do.

3. Keep your documents in order. Your visa history, employment records, tax returns, and other evidence of legal presence in the country take on added weight.

4. Stay tuned. The situation could change – through court rulings, additional clarifications from USCIS, or new legislative initiatives.

The broader context: a trend, not an exception

For those who closely follow U.S. immigration policy, the May 2026 memo comes as no surprise. It fits into a consistent strategy: to distinguish between temporary migration and permanent settlement, even for highly skilled professionals and students.

Washington is increasingly sending one message: a temporary visa is a temporary visa. And while the American labor market continues to need foreign professionals, the path from guest status to a green card is becoming increasingly thorny.

For hundreds of thousands of people around the world, that means more planning, more costs, and more uncertainty. But it also means that competent legal support becomes not a luxury, but a necessity.

The new USCIS rules for obtaining a green card are exactly the case when self-orientation in immigration procedures can be very expensive. Memorandum PM-602-0199 not only complicates the change of status within the United States, but also requires the applicant to clearly state the legal basis of their case - without this, the chances of approval are significantly reduced.

A migration lawyer is a specialist who knows how to properly draw up such a justification, what documents will strengthen your application and which strategy - Adjustment of Status or consular processing - is optimal in your situation. If you are already in the United States or are just planning your path to permanent residence - do not let bureaucratic changes stop your plans.

Contact a migration lawyer for individual consultation and protect your immigration status.

Let us remind you! The United States of America has introduced new, stricter border crossing rules for non-US citizens. We tell you about the new conditions for entry of foreigners into the US in 2026 here.

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