Trump’s green card rule explained: What it means for visa holders in the US

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The Trump administration announced Friday (May 22) that visitors to the US on temporary status must return to their home countries to apply for a green card, in a sweeping reversal of a practice in place for over half a century.“From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances,” US Citizenship and Immigration Services spokesperson Zach Kahler said in a statement. “When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency.”The announcement is the latest step in the current administration’s ongoing efforts to curtail legal immigration for foreigners already in the US. Here is what to know.Whom does the latest order target?Presently, hundreds of thousands of foreign nationals legally in the US — those married to US citizens, holders of student and work visas, refugees and asylum-seekers — can apply for and complete the entire permanent residence process without leaving the United States.According to the statement, those who come to the US on non-immigrant visas, chiefly students, temporary workers and tourists, are expected to remain in the country for a short time and a specific purpose. The agency described the change as a return to “the original intent of the law” and closing a “loophole.”“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. 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 read.USCIS said the move would ensure that the US State Department could now handle the majority of these cases at its consular offices abroad. It would also free up “limited USCIS resources to focus on processing other cases that fall under its purview.” The latter includes visas for “victims of violent crime and human trafficking, naturalization applications, and other priorities,” according to the agency.Story continues below this adAlso in Explained | Why the US is cracking down on a post-study work programme that Indians depend on for H-1B visasHowever, a subset of the current application pool could be spared from this process if they met certain “extraordinary circumstances”, something USCIS has not currently defined. Human rights groups have flagged this as granting officers open-ended discretion, with no clear standard for who qualifies and who does not.The agency told the Associated Press in an emailed statement that people who provide an “economic benefit” or “national interest” could likely stay in the US, while others would have to go abroad to apply.The latest announcement continues a sustained pattern by the incumbent administration in restricting the legal immigration pathway.Last month, the US expanded a visa bond programme, which requires deposits of up to $15,000, to cover nationals of 50 countries.Story continues below this ad Federal agents try to pull a man from a vehicle to arrest him in Minneapolis, Jan. 11, 2026. (The New York Times File)In January, the Department of Homeland Security (DHS) announced that refugees undergoing green card screening could be detained by Immigration and Customs Enforcement (ICE). This policy drew on a section of the Immigration and Nationality Act, stating that refugees who do not apply for a green card after a year are required to return to DHS “custody.” It also cancelled a 2010 memo noting that the refugees’ failure to apply for legal permanent status within a year in the US did not constitute a basis for their legal detention.Also in January, the Trump administration’s expanded travel ban, barring or restricting entry for people from 39 countries, took effect.In November 2025, USCIS announced a sweeping review of the green card scheme after an Afghan national shot two National Guard soldiers near the White House, killing one. The shooter had entered the US in 2021 and had his status repeatedly renewed. The review introduced country-specific factors as “significant negative factors” in immigration decisions, with officers now required to assess applicants’ countries of origin and stated purpose in the US.Also that month, the administration froze green card processing for roughly 230,000 refugees admitted under the Biden administration. It separately proposed a sweeping “public charge” rule that would allow officers to deny green cards to anyone deemed likely to use government benefits in future.Story continues below this adNewsletterFollow our daily newsletter so you never miss anything important. On Wednesday, we answer readers' questions.SubscribeFollowing a separate shooting at Brown University in December, the US suspended the Diversity Visa programme after the shooter was identified as a former lottery winner. The programme offers 50,000 green cards annually by lottery to applicants from underrepresented countries. A legal challenge to the suspension is currently underway, with the programme’s current cycle set to expire in September.In one of its first actions in office, the Trump administration moved to end birthright citizenship. The move stripped children of visa holders of automatic US citizenship and a future route to sponsoring parents for residency.What happens now?The move already faces legal challenges, with immigration lawyers, lawmakers and human rights groups noting that several applicants cannot return home simply because it is not safe, or they have no embassy to apply to. The US Embassy in Afghanistan, for instance, has been closed since the US exited the country in August 2021.Critics have noted a structural contradiction at the heart of this policy: in many countries, the US does not process immigrant visa applications. Thus, many applicants would be separated from their families indefinitely, while getting no closer to securing a green card.Story continues below this adIn an essay, Cato Institute’s director of immigration studies, David Bier, wrote that the move would drive talented people to other countries and make the US less competitive for business.It remains unclear when the policy will become effective. Courts have previously blocked several Trump immigration actions, and legal groups have advised affected immigrants to consult an attorney before taking any steps.