The Trump administration has introduced a major change to how legal immigrants obtain permanent residency in the United States, a policy shift that immigration attorneys, former government officials and business groups say could affect more than one million people currently seeking green cards through the nation's most commonly used legal pathway.
The policy, outlined in a six-page memorandum issued by U.S. Citizenship and Immigration Services (USCIS) on May 21, changes how immigration officers evaluate adjustment-of-status applications, the process that allows individuals already living legally in the United States to become permanent residents without leaving the country.
The change affects a broad range of applicants, including skilled workers, international students, spouses of U.S. citizens, researchers, entrepreneurs and temporary visa holders who have traditionally relied on Form I-485 to transition to permanent residency while remaining in the United States.
At the center of the controversy is the memo's redefinition of adjustment of status. Rather than treating it as a routine immigration benefit available to qualified applicants, USCIS now characterizes it as "an extraordinary form of relief," giving officers wider discretion when deciding whether applications should be approved.
The Department of Homeland Security summarized the new approach in a post on X, stating: "An alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply."
USCIS spokesman Zach Kahler defended the policy, arguing that the administration is restoring what it views as the original intent of immigration law.
"We're returning to the original intent of the law to ensure aliens navigate our nation's immigration system properly," Kahler said. He added that consular processing abroad "reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S."
Kahler also argued that the change would free agency resources and "help make our system fairer and more efficient."
Critics, however, contend the policy represents one of the most significant restrictions on legal immigration in decades.
David Bier, director of immigration studies at the Cato Institute, wrote on X that the change could have far-reaching consequences for families and employers.
"This admin continues to prove itself to be the most anti-legal immigration admin in U.S. history," Bier wrote. "The harms this will cause to legal immigrants is incalculable. Impossible to explain how stupid and evil this policy is. It's intended to cost people their jobs and their families."
According to USCIS data, approximately 1.24 million adjustment-of-status applications remained pending as of the third quarter of fiscal year 2025. Those applicants include individuals holding H-1B specialty occupation visas, L-1 intracompany transfer visas, O-1 visas for individuals with extraordinary ability, international students transitioning into the workforce, and family-based applicants.
The memo specifically states that possessing a visa category that allows "dual intent," such as H-1B status, is "not sufficient, on its own, to warrant a favorable exercise of discretion." Immigration attorneys say that language signals a substantial shift in how officers may evaluate applications moving forward.
Michael Valverde, a former senior USCIS official who served under both Republican and Democratic administrations, told CBS News the policy could "disrupt the plans of hundreds of thousands of families and employers annually." He described the measure as "a largely unprecedented move that will limit lawful immigration to the U.S. greatly."
Doug Rand, a former USCIS official during the Biden administration, warned that the policy could make it "difficult or impossible for very large numbers of U.S. citizens to get on with their lives with the people they've chosen to marry who came here legally."
Business leaders have also raised concerns about potential economic consequences. Representative Greg Stanton of Arizona argued that the United States attracts many of its "top researchers, doctors and engineers" through employment-based immigration programs, while Representative Ted Lieu said the policy could encourage highly skilled workers to relocate to competing countries.
Practical complications could further complicate implementation. Critics note that many affected applicants would be required to complete immigrant visa processing at U.S. consulates overseas, even as visa services remain restricted or unavailable in several countries. Immigration advocates point out that U.S. diplomatic operations remain limited in nations including Russia, Iran and Belarus, potentially creating logistical challenges for applicants required to leave the United States.
