U.S. Citizenship and Immigration Services (USCIS) announced Friday a major policy shift requiring foreign nationals temporarily in the United States to depart and apply for green cards from their home countries. This reversal abandons a longstanding practice that allowed many with legal status to complete the permanent-residence process within the U.S., effectively tightening state control over the labor pool and increasing precarity for those seeking stability.
The new directive applies to noncitizens on temporary visas, such as students, temporary workers, and tourists, who wish to become lawful permanent residents. USCIS spokesperson Zach Kahler stated the agency is “returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly.” This move, Kahler added, reduces the need to find and remove those who “decide to slip into the shadows” after residency denial, thereby creating a larger pool of undocumented labor vulnerable to exploitation.
The State's Hand in Labor Control
Kahler further elaborated that the system is designed for nonimmigrants to leave when their visit concludes, asserting that their temporary stay “should not function as the first step in the green card process.” He claimed this policy would free up “limited USCIS resources” for other priorities, including visas for victims of violent crime and human trafficking, and naturalization applications. This re-prioritization of state resources serves to streamline the management of immigration flows in a manner that benefits capital by ensuring a readily available, yet easily controllable, workforce.
The Trump administration, which announced the policy, maintains that temporary permission to be in the U.S. should not lead to permanent residency. This position is part of a broader effort to make legal immigration more difficult for foreign nationals already in the U.S. and for those hoping to enter, thereby increasing the vulnerability of migrant labor and suppressing wages across various sectors. Officials stated the policy reflects the original intentions of the law, a legal framework designed to regulate and restrict labor mobility in service of national capital interests.
Who Bears the Cost
Critics of the policy immediately pointed out that many individuals who overstay their visas have U.S. citizen spouses or children, contribute to the economy by paying taxes, and fill critical labor shortages. Forcing these individuals to leave the country would subject them to prolonged processing delays and significant humanitarian concerns, effectively disrupting families and communities while removing essential labor from the economy. The American Civil Liberties Union did not immediately respond to a request for comment, indicating the rapid nature of the policy shift.
Maye Musk, an immigrant from Canada, recounted her own arduous green card process on X, detailing numerous vaccinations, health tests, and a lung x-ray, including a required repeat x-ray in Montreal due to her Canadian citizenship. She described the process as difficult, taking five years before she could obtain citizenship, yet concluded it was “worth it.” Her experience underscores the inherent difficulty and bureaucratic hurdles embedded within the system, even for those with resources, which are now being intensified for a broader segment of the working class.
Maintaining Capital's Supply
The announcement did not clarify whether Immigration and Customs Enforcement (ICE) would begin deporting green card applicants, leaving many in a state of uncertainty. Lawsuits and litigation are expected to challenge the policy, reflecting a limited form of resistance within the existing legal framework. This legal maneuvering, however, often serves to manage the system's contradictions rather than addressing the foundational issue of immigration policy as a tool for capital accumulation and labor control. The policy, announced on Friday, May 22, 2026, reinforces the state’s role in regulating the supply and conditions of labor to serve the interests of the owning class.