USCIS Changes Green Card Process for Students and Workers

• USCIS Tightens Adjustment of Status
• Green Card Process Will Be Consular
• Cases Evaluated Individually

U.S. immigration policy for those seeking permanent residency is facing an important change.

U.S. Citizenship and Immigration Services, known as USCIS, implemented new guidance in May 2026 that redefines how adjustment of status is processed for students, temporary workers, and other nonimmigrant visa holders.

• Why it matters: The new directive establishes that consular processing abroad will be the standard path to obtaining a Green Card, while adjustment of status inside the United States will be reserved for exceptional circumstances.

Memorandum PM-602-0199, issued on May 21, 2026, by USCIS, instructs immigration officers to treat adjustment of status as a discretionary and extraordinary benefit.

USCIS Turns Adjustment of Status Into an Extraordinary Benefit

Now it will be harder… 😕

They are tightening the rules to obtain a Green Card, and these are the new changes 🇺🇸❌ https://t.co/zuDWijf366

— Almanaque | #Puebla (@AlmanaquePuebla) June 6, 2026

The agency says adjustment of status should not be considered a routine procedure, according to Infobae.

The new guidance establishes that the default path for processing permanent residency will be consular processing outside the United States.

USCIS clarifies that Section 245 of the Immigration and Nationality Act, or INA, remains unchanged.

According to the immigration authority, the new policy does not modify current law.

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However, it strengthens officers’ authority to require applicants to complete the process from abroad unless there are reasons that justify an exception.

The Department of Homeland Security, or DHS, also clarified that there is no general ban on adjustment of status.

However, it emphasized that the procedure inside the country will only be possible under extraordinary circumstances.

Students and Temporary Workers Must Use Consular Processing

USCIS changes the rules to obtain a Green Card and affects students and temporary workers – Infobae https://t.co/TJX62PPL1W

— VM | NOTICIAS (@V_M_Noticias) June 7, 2026

The policy mainly affects those who entered the United States with temporary visas.

Among the groups mentioned by USCIS are holders of F-1 student visas.

Participants in exchange programs with J-1 visas are also included.

The measure reaches those who entered with B-1 and B-2 tourist visas.

It also includes temporary workers in categories such as H-2B, TN, and O-1, among others.

The agency also includes other short-term nonimmigrant visas.

USCIS indicates that only cases supported by extraordinary and properly documented circumstances may continue adjustment of status inside the country.

The decision will depend on the individual analysis carried out by the officer assigned to the file.

The memorandum also distinguishes “single-intent” visas from those considered “dual-intent.”

Among the latter are categories such as H-1B and L-1.

These visas allow applicants to seek permanent residency while maintaining temporary work status.

Even so, USCIS emphasizes that no applicant is guaranteed approval.

The officer’s discretion will remain a determining factor in the resolution of each case.

Each File Will Be Evaluated Individually

The new guidance orders officers to analyze the totality of the circumstances presented by each applicant.

Among the factors considered in the new Green Card process is compliance with immigration and labor conditions.

The history of maintaining continuous legal status will also be evaluated.

Family and community ties will form part of the analysis.

Humanitarian or national interest reasons that are properly documented may also be considered.

The absence of previous immigration violations is also among the evaluation criteria.

USCIS says the review will include both positive and negative factors.

Each file will be decided on its own merits.

The legal requirements to apply for a Green Card through adjustment of status remain in effect.

The law requires that the applicant have been inspected and legally admitted or have received immigration parole.

Submitting Form I-485 is also required.

In addition, the applicant must be eligible, admissible, and have a visa available at the time of the application.

The agency reminds the public that certain people remain ineligible for adjustment of status.

Among them are those who worked without authorization before filing the petition.

Also included are those who did not maintain continuous legal status.

The restriction applies to foreign crew members and people admitted in transit without a visa.

Those who violated the terms of a nonimmigrant visa are also excluded.

Although these criteria did not change with memorandum PM-602-0199, USCIS warns that their interpretation and application may be stricter under the new discretionary approach to the Green Card process.