US Moves to Restrict Green Card Access for International Students

May 26, 2026

The United States may be preparing to make the green card process far more difficult for international students and temporary workers already living in the country, following a new policy memo released by US Citizenship and Immigration Services (USCIS).

In a move that is already generating concern across the international education and immigration sectors, the agency has described adjustment of status, the process through which individuals apply for permanent residency from within the US, as a form of “extraordinary relief” rather than a routine immigration pathway.

The guidance signals a major shift in how the US government may treat international students, temporary workers, and other non-immigrant visa holders hoping to transition into permanent residency after studying or working in America.

According to USCIS spokesperson Zach Kahler, the government now expects most applicants seeking green cards to return to their home countries and apply through US consulates abroad, except under what it calls “extraordinary circumstances.”

“Non-immigrants, like students, temporary workers, or people on tourist visas, come to the US for a short time and for a specific purpose,” Kahler stated. “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 statement has raised alarms among immigration lawyers, universities, employers, and international students, many of whom see the policy as another tightening of America’s immigration system under the Trump administration.

For years, many international students viewed studying in the US as a pathway not only to education and career opportunities, but also to long-term settlement through employment sponsorship and eventual permanent residency. The latest guidance appears to challenge that expectation directly.

Critics argue that forcing applicants to leave the US before applying for a green card could create serious practical and emotional consequences. Visa processing delays at US embassies and consulates around the world remain significant in many countries, meaning applicants could face months, or even years of uncertainty outside the United States.

Immigration stakeholders also warn that the policy could separate families for extended periods, disrupt careers, and make US employers less willing to hire international talent if long-term immigration pathways become more unpredictable.

Legal experts have also questioned whether USCIS has the authority to effectively block adjustment of status applications that are already permitted under existing immigration law.

Duden Freeman, a former US State Department consular officer and founder of the Visas 101 student platform, believes the memo may not immediately change the law itself, but could heavily influence how immigration officers make decisions.

“Policy trickles down and influences officer decisions,” Freeman explained, noting that visa denials have already increased significantly in recent years. According to available figures, F-1 student visa refusal rates rose from 23% in 2015 to 35% in 2025.

The timing of the policy is particularly notable given previous comments from Donald Trump suggesting support for granting green cards to international graduates of US universities. Many observers now see a growing contradiction between those earlier promises and the administration’s latest immigration direction.

Despite the strong language in the memo, immigration law firm Fragomen has clarified that adjustment of status applications are still legally allowed and USCIS officers retain the authority to approve them.

The firm advised eligible applicants to continue filing adjustment applications where possible, especially because doing so may provide access to important interim benefits such as work authorization and travel permission while cases remain pending.

However, Fragomen also warned that the new guidance could lead to additional scrutiny, delays, and requests for evidence as immigration officers adapt to the administration’s stricter interpretation.

For international students considering the United States, the development adds another layer of uncertainty at a time when global competition for student talent is intensifying. Countries such as Canada, Australia, and the United Kingdom continue to market clearer post-study work and residency pathways, while the US appears to be moving toward a more restrictive model.

As legal challenges to the policy are expected, students and professionals already in the US are now watching closely to see whether the guidance becomes a long-term immigration standard or faces resistance in the courts.

Source: The PIE News