A new United States immigration policy tightening access to permanent residency could affect thousands of foreign nationals living in America, including Emaswati working, studying or residing there on temporary visas.
The U.S. Citizenship and Immigration Services (USCIS) has announced that adjustment of status, the process allowing a person already inside the United States to apply for a Green Card without leaving the country, will now only be granted in extraordinary circumstances. The agency says most applicants will instead be required to return to their home countries and complete the process through American consulates abroad.
The announcement was issued through Policy Memorandum PM-602-0199 on May 21, 2026. It immediately sparked concern among immigrant communities, legal experts and advocacy groups who warn that the move could disrupt lives, separate families and create uncertainty for workers and students already living in the U.S. legally.
In a statement accompanying the memo, USCIS spokesperson Zach Kahler said the policy was intended to restore what authorities described as the original intent of immigration law.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” Kahler said. “From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.”
The policy mainly targets individuals who entered the U.S. on temporary visas such as student visas, tourist visas or temporary work permits and later sought permanent residency while remaining in the country.
For emaSwati living in America, the changes could carry significant implications, particularly for those on student visas, temporary employment programmes or family-sponsored immigration pathways.
Although official figures on the number of emaSwati residing in the United States remain limited, hundreds of Swazi nationals are believed to live there for studies, employment and family reunification. Many rely on adjustment of status procedures because leaving the U.S. during the application process can create financial strain, employment interruptions and uncertainty about re-entry.
Immigration analysts say the new guidance shifts the balance heavily toward consular processing, where applicants complete Green Card applications at U.S. embassies or consulates outside America.
Legal experts, however, argue that the memo does not change immigration law itself but rather how immigration officers exercise discretion when assessing applications.
They note that adjustment of status has always been discretionary under U.S. law, but in practice it has long been treated as a standard pathway for eligible applicants already inside the country.
The new directive instructs officers to consider factors such as immigration violations, visa overstays, unauthorised employment, and whether applicants remained in the U.S. instead of returning home to apply.
The development has triggered anxiety among foreign workers in sectors such as technology, healthcare and education, where many employees depend on visa-to-Green-Card transitions.
International reports suggest that holders of H-1B work visas, F-1 student visas, and other temporary permits are among those most affected by the uncertainty created by the policy shift.
However, some immigration attorneys say the impact may vary depending on visa category. Certain dual intent visas, such as H-1B and L-1 permits, may still receive more favourable treatment because they allow applicants to pursue permanent residency while temporarily living in the United States.
Others caution that the biggest uncertainty surrounds pending applications and how strictly immigration officers will enforce the new guidance in practice.
The policy is also expected to face legal challenges in U.S. courts, with immigration lawyers arguing that the memorandum is internal agency guidance rather than a legislative change approved by Congress.
Human rights organisations and immigrant advocacy groups have criticised the directive, warning that vulnerable migrants could be forced to return to unsafe conditions while waiting for visa processing abroad.
The changes come amid broader immigration restrictions introduced by President Donald Trump’s administration since returning to office, including tighter visa rules, increased deportations and enhanced scrutiny of foreign nationals seeking permanent residency.
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