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US Eases New Rule Requiring Green Card Applicants To Return Home Country
US Eases New Rule Requiring Green Card Applicants To Return Home Country, Offers Relief To Indians
The United States immigration authorities have partially softened newly announced green card rules after the policy triggered concern among foreign professionals, particularly Indian workers living in the country on temporary visas.
The US Citizenship and Immigration Services (USCIS) on Friday introduced a major policy change that restricted foreign nationals on temporary visas from applying for permanent residency while remaining inside the United States.
Under the revised policy, applicants on work, student and tourist visas would largely be required to return to their home countries and apply for a green card through a US embassy or consulate.
The move marked a significant departure from the earlier system, under which many eligible applicants could seek permanent residency from within the US through the Adjustment of Status process.
However, following criticism and confusion surrounding the new rules, USCIS later introduced two key exceptions — “economic benefit" and “national interest".
In a statement, USCIS spokesperson Zach Kahler said the agency was reaffirming what it described as the original intent of US immigration law.
“After years of ignoring the intent of Congress in the adjustment of status application, USCIS is merely restating and reasserting that intent," Kahler said.
He added that applicants whose presence in the United States offers economic value or serves the national interest may still be allowed to continue the green card process from within the country.
“People who present applications that provide an economic benefit or otherwise are in the national interest will likely be able to continue on their current path while others may be asked to apply abroad depending on individualized circumstances," he said.
However, the agency has not clarified which applicants would qualify under these exemptions or how the categories would be interpreted.
The policy sparked immediate concern among Indian professionals working in the US on H-1B visas, many of whom already face long waiting periods for employment-based green cards.
Under the previous system, applicants could remain in the US while waiting for visa backlogs to clear, especially under the EB-2 and EB-3 categories, where Indian applicants often face delays of 10 to 15 years.
The earlier USCIS memo had directed officials to treat Adjustment of Status as an “extraordinary" form of relief and prioritise consular processing instead, potentially forcing applicants to leave the US and continue the process from India.
Indian professionals, especially H-1B workers in EB-2 and EB-3 categories, often wait:
Under the first version, many feared they would suddenly be forced to:
The updated clarification suggests some skilled workers, researchers, tech professionals or strategically important workers could still remain in the US and continue the Adjustment of Status process.
Immigration experts said the revised policy has created uncertainty for applicants weighing whether to stay in the US or apply through consular processing abroad.
“For applicants choosing between adjusting status in the US or returning to India for a consular interview, that decision looks more complicated than it did a week ago," immigration attorney Nicole Gurnara told Hindustan Times.
“Both paths carry risks. But filing inside the US, which used to be the obvious choice for most, now comes with a higher discretionary bar," she added.
The changes are part of a broader effort by US authorities to tighten immigration procedures and reinforce the expectation that temporary visa holders leave the country after their authorised stay ends.
Source: News18
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