The new guidance marks a sharp shift in the Trump administration’s immigration posture, targeting a key pathway to citizenship.
Foreign nationals who are in the United States on student, work, tourist or other temporary visas “come to the U.S. for a short time and for a specific purpose,” USCIS said in its statement. “Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the green‑card process,” the agency added.
Doug Rand, a former senior advisor at USCIS during the Biden administration, said the goal of the policy is explicit. “Senior officials in this administration have said over and over that they want fewer people to get permanent residency because permanent residency is a path to citizenship and they want to block that path for as many people as possible,” he said. He noted that about 600,000 foreign nationals already in the United States apply each year for a green card.
Immigration attorneys cautioned that the rule could leave many applicants stranded. Jessie De Haven, senior staff attorney with the California Immigration Project, said, “It’s really hard to tell how this is going to be applied. I do think it might have a chilling effect on people applying.” Humanitarian organization World Relief warned that families could face indefinite separation if visa appointments abroad are delayed or unavailable, calling the situation a “catch‑22.”
USCIS did not specify when the change would take effect or whether applicants already in the process would have to restart their filings abroad. The agency said people who provide an “economic benefit” or serve a “national interest” could likely remain in the United States while others would have to go abroad to apply.
The announcement arrives amid a broader series of Trump‑era immigration restrictions, including travel bans on dozens of countries and pauses in visa processing for certain nationals. Critics argue the cumulative effect further limits legal pathways to permanent residence and citizenship for millions of immigrants living in the United States.