Trump Administration Softens Green Card Rule After Corporate Lobbying, USCIS Says

The Trump administration’s immigration controversy over green cards centered on a proposal that would require many foreign nationals already living and working in the United States to leave the country and apply for permanent residency from their home countries instead of adjusting status from within the US.

“In summary The Trump administration is sending conflicting signals about a policy that would make most immigrants return to their home countries while applying for green cards”

CalMatters

Firstpost said the policy was softened after an intense lobbying campaign reportedly by major corporations, technology firms and business groups, after the administration had declared that most green card applicants already living in the United States should return home to complete the process.

CalMatters

News18 described the change as a departure from a long-standing immigration process used by hundreds of thousands of legal immigrants every year, with the administration arguing it restores the original intent of immigration laws and prevents temporary visas from becoming an automatic pathway to permanent residency.

The Times of India reported that USCIS announced that an "alien who is in the US temporarily and wants a Green Card" must return to their home country to apply, except in extraordinary circumstances, and said the announcement triggered immediate panic among immigrants.

In response to the backlash, the Times of India said the administration sought to clarify that there had been no blanket policy change and that immigration officers would continue exercising case-by-case discretion.

The Washington Post said America’s business leaders, including from the tech and artificial intelligence industries, privately warned the White House and other Trump officials that the policy would harm their workforces.

NDTV reported that after the Trump administration declared that most Green Card applicants would have to return to their home countries, business leaders privately warned US officials that such a policy would "harm" their workforces.

Indiablooms

NDTV also quoted Neil Bradley, chief policy officer at the US Chamber of Commerce, saying the organisation had heard anecdotally that some recent green card applicants were not being required to leave the country, adding, "This is welcome news, and we encourage the administration to provide greater clarity,".

CalMatters reported that the Department of Homeland Security told the New York Times it wasn’t a blanket policy and that individual officers in the U.S. Citizenship and Immigration Services have always had the discretion to decide, quoting Patrick Kolasinski as saying, "That’s a CYA,".

In the same CalMatters account, the department’s spokesperson said the groups that could be heavily affected include people who overstay visas or come from countries whose citizens are heavy users of public assistance, while the department also said the policy "will have no noticeable impact on highly qualified applicants and skilled professionals who have followed the law."

The Hill described the policy as requiring people in the U.S. who want a green card to go back to their home country and apply for it there, with green cards only issued here under "extraordinary circumstances," and said it would upend the lives of hundreds of thousands of people seeking lawful permanent residency.

“US businesses warn Trump administration over green card rule change: Report US business leaders privately cautioned Trump administration officials that a proposed change to green card application procedures could disrupt workforces and create uncertainty for employers, according to a report by the Washington Post”

Indiablooms

CalMatters said the change would mostly affect people already inside the United States who are applying for permanent residency, a process called adjustment of status, and reported that in 2023, 112,100 Californians received green cards through adjustment of status.

CalMatters also reported that immigration attorneys said U.S. Citizenship and Immigration Services officers were questioning applicants in ways that suggested the administration might apply the policy retroactively, quoting Lynn Damiano Pearson saying, "People are being questioned about consular processing in a way that seems to flow directly from this new memo".

The Times of India reported that USCIS memo language reinforced that adjustment of status has long been discretionary, quoting Sahana Mukherjee of Pew Research Center saying, "The May 22 USCIS memo reinforces how adjustment of status has long been discretionary."

In the same Times of India account, the paper said the administration walked back the announcement by maintaining that people who "legitimately and properly" qualify for green cards would still be able to obtain them, while critics argued the clarification did not eliminate uncertainty.