Why It Matters
The policy shift stands to affect hundreds of thousands of workers currently living and working legally in the United States, including skilled professionals employed across Idaho’s technology, agriculture, healthcare, and university sectors. Those holding temporary work visas who have been pursuing permanent legal status could face years-long delays — or in some cases, be unable to apply at all.
What Happened
The Trump administration announced Friday that immigrants seeking permanent legal residence — commonly known as a green card — will be required to first leave the United States and apply from their home countries. The change ends a longstanding practice that allowed people already living and working in the country on temporary visas to adjust their immigration status without departing.
“An alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply,” said Zach Kahler, a spokesperson for U.S. Citizenship and Immigration Services, in a written statement.
The policy covers workers on temporary visas — such as the H-1B for high-skilled professionals and the O-1 for individuals with extraordinary ability — as well as people living in the country illegally who were pursuing legal status through a U.S. citizen spouse or child. Under the new framework, those individuals would be required to leave and wait abroad for processing, potentially for years.
By the Numbers
- An estimated 1.3 million H-1B visa holders and their family members currently reside in the United States.
- Workers from India face years-long backlogs in the green card queue, meaning a departure to await processing could mean indefinite separation from jobs and families.
- Nationals from Russia would face a complete barrier to applying, as there is currently no functioning U.S. embassy there to process applications.
- At least three large tech startups, according to one Silicon Valley investor, would be negatively impacted by the change.
Administration’s Stated Rationale
USCIS framed the move as a matter of restoring the original intent of the temporary visa system. Kahler said the agency believes nonimmigrant visas — issued to students, tourists, and temporary workers — were never meant to serve as a pathway toward permanent residence while the applicant remains stateside.
“Our system is designed for them to leave when their visit is over,” Kahler wrote. “Their visit should not function as the first step in the Green Card process.”
A policy memo released alongside the announcement indicated that USCIS officers retain some discretion to continue processing applications domestically under “extraordinary” circumstances, though the agency did not define the specific conditions that would qualify.
Pushback From Business and Tech Sectors
The announcement drew sharp criticism from some corners of the business community. Andrew Ng, co-founder of Coursera and a computer science professor at Stanford University, called the shift a move that “will hurt families, leave us with fewer doctors, teachers and scientists.” Silicon Valley investor Nick Davidov warned the policy disrupts critical work being done by top scientists and founders of major companies.
Immigration advocacy group FWD.us argued the policy would impose severe costs on immigrants who have spent years building lives legally in the United States, warning of widespread disruption to families and employers alike.
The administration, however, has consistently argued that tightening legal immigration pathways is necessary to restore order to a system critics say has been stretched well beyond its original design. The policy is consistent with broader national security and immigration enforcement priorities the Trump administration has pursued since taking office in January 2025.
What’s Next
It remains unclear whether the policy will face legal challenges. Immigration attorneys and advocacy groups are expected to scrutinize the new USCIS guidance closely. Workers currently in the middle of green card applications will likely seek legal clarity on how the change applies to pending cases. Congress could also weigh in, though no legislation has been introduced as of this writing.
For Idaho employers — including technology firms, universities, and agricultural operations that rely on skilled foreign workers — the change could complicate workforce planning in the months ahead.
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