The Trump administration announced a major policy shift on the Friday before Memorial Day, aiming to gut legal immigration by ending the decades-old practice of allowing people to apply for green cards from within the United States, known as adjustment of status. The Department of Homeland Security (DHS) framed the change as a way to close loopholes, but immigration lawyers warned it would devastate hundreds of thousands of legal immigrants, potentially separating them from jobs and families for years.
Policy Announcement and Backlash
US Citizenship and Immigration Services (USCIS) issued a memo on May 21 indicating that most people living in the US seeking green cards would have to leave the country to apply. However, a week later, DHS walked back the policy, claiming it was merely a reminder of existing discretionary authority. The confusion was compounded by lack of clarity, with USCIS spokesperson Zach Kahler suggesting that applications providing economic benefit or national interest might be exempt, but the memo itself left this unclear.
Impact on H-1B Visa Holders
The policy change would affect over half a million people annually, including many H-1B visa holders who constitute a major part of the tech workforce. During the last fiscal year, tech companies like Amazon sponsored thousands of H-1B visas. The uncertainty has created anxiety among employees and employers, with critics arguing the administration's chaotic approach is part of a broader strategy to restrict immigration.
Two Paths to a Green Card
There are two ways to obtain a green card: consular processing through US consulates abroad, which is subject to per-country quotas and can involve long waits, and adjustment of status for those already in the US, which does not count against these quotas. The USCIS memo seeks to eliminate adjustment of status except for extraordinary circumstances, potentially forcing hundreds of thousands to leave the country each year.
Legal and Practical Consequences
For undocumented immigrants married to US citizens, leaving the country could trigger a decade-long reentry bar. Even for legal immigrants, the policy could lead to being stranded abroad due to other Trump administration restrictions, including a visa moratorium on 75 countries. Immigration lawyers report that USCIS adjudicators are already questioning applicants aggressively, putting them on the defensive.
Administration's Strategy
Critics say the administration's pattern of announcing major changes on Fridays, followed by clarifications through media rather than official memos, creates chaos and uncertainty. Xiao Wang, CEO of Boundless Immigration, compared the approach to a startup testing minimum viable products. The policy shift, even if walked back, is seen as part of a broader effort to deter immigrants.
