International students can legally apply for green cards and become permanent residents of the United States. But the path to getting one has suddenly become significantly harder, and the rules have changed fundamentally.
Until recently, overseas students could apply for a green card from within the US through any of the available pathways. That is no longer the default option. After the introduction of a new USCIS policy memo, temporary visa holders — including foreign students — are now expected to return to their home country to apply for a green card.
What Changed and Why It Matters
As an international student on an F-1 study visa, the process known as ‘adjustment of status’ previously allowed non-immigrants to switch to a different visa classification and then apply for a green card — all without leaving the US. That convenience has now been taken away.
Nonimmigrants — including students, temporary workers, and people on tourist visas — seeking adjustment of status will now have to apply for a green card through consular processing via the Department of State, outside of the United States.
Some relief may be expected for H-1B workers. USCIS spokesperson Zach Kahler later informed that individuals presenting applications with economic benefits or national interest may continue as is, while others might need to apply abroad based on specific circumstances.
This leaves foreign students to be hit the most. And applying from the home country has also become stricter. The new USCIS policy memo urges consular officers to evaluate applications on a discretionary, case-by-case basis — referring to adjustment of status as a sort of “extraordinary relief.”
What do those two words mean in practice? The terms ‘discretionary’ and ‘extraordinary relief’ effectively give consular officers wide latitude to approve or deny applications. Most non-immigrants may find it significantly harder to get a green card approved during their stay in the US.
Earlier, these non-immigrants relied on work and travel authorisation to stay in the US while simultaneously applying for a green card. That dual-track approach is now effectively off the table for most applicants.
What About F-1 Students Specifically?
F-1 international students enter the US on a non-dual intent visa — meaning they are expected to leave the country after completing their studies. However, US immigration laws have long allowed overseas students not only to work with US companies under the Optional Practical Training (OPT) program, but also to use the adjustment of status process to shift their visa classification. That flexibility is now significantly curtailed.
Green Card Through Employment — The Pathways
Most foreign students begin their green card process after joining a US employer or through self-petition, depending on their eligibility. The employment-based green card system has three main preference categories:
First preference (EB-1) — for those with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; or multinational managers or executives who meet certain criteria.
Second preference (EB-2) — for members of professions requiring an advanced degree, those with exceptional ability in the sciences, arts, or business, or those seeking a national interest waiver.
Third preference (EB-3) — for skilled workers whose jobs require a minimum of two years of training or experience; professionals whose jobs require at least a US bachelor’s degree or foreign equivalent; or unskilled workers performing labour requiring less than two years of training or experience.
The Filing Process
Most people applying for a green card will need to complete at least two forms — an immigrant petition and a green card application. In most cases, someone else — typically an employer — must file the petition on your behalf, although self-petition is possible in certain categories.
Most categories require an approved immigrant petition before you can file Form I-485, Application to Register Permanent Residence or Adjust Status. However, some categories allow you to file Form I-485 at the same time as the immigrant petition — a process known as “concurrent filing.”
The New Default: Go Home to Apply
Here is the bottom line of what has changed. Adjustment of status is the process that allows applicants to apply for a green card while present in the United States, without having to return home. Previously, this was the standard route for many non-immigrants, including students.
Now, USCIS has made consular processing — applying from your home country — the default option for non-immigrants, including overseas students. If you are outside the United States, you must obtain your visa abroad through consular processing. Adjustment of status from within the US is no longer a right — it is now treated as an exception, granted only in extraordinary circumstances at the discretion of the consular officer.
Disclaimer: This article is for general informational purposes only and does not constitute legal or immigration advice. USCIS policies, adjustment of status rules, and green card application procedures are subject to frequent change, ongoing litigation, and executive action. International students and other nonimmigrants are advised to consult a qualified immigration attorney for guidance specific to their visa status and green card eligibility before taking any action.