The US government has issued a new policy memo that fundamentally changes how foreign nationals on temporary visas can apply for permanent residency or a Green Card. Under the new rules, most people must return to their home country to apply, rather than doing so from within the United States.
Previously, many foreign nationals already living in the US on student, tourist or work visas could apply for a Green Card without leaving the country. This process, known as Adjustment of Status (AOS), was widely used and broadly available.
The new policy, issued by United States Citizenship and Immigration Services, reclassifies AOS as an "extraordinary form of relief", meaning it will only be approved in limited, exceptional cases.
After the US announced the policy that curtailed a key immigration route for foreign nationals seeking a Green Card, authorities partially rolled back some elements, providing relief to international professionals, including Indian workers.
The policy initially required applicants on temporary visas to return to their home country and apply for a Green Card through a US embassy or consulate, instead of allowing the category change while staying in the US.
Hours later, USCIS inserted two exceptions — "economic benefit" and "national interest".
"After years of ignoring the intent of Congress in the adjustment of status application, USCIS is merely restating and reasserting that intent. While we work to operationalize this, 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," USCIS spokesperson Zach Kahler said in a statement.
However, the two broad terms have not been defined, and US authorities have not clarified who would qualify for exemptions.
Earlier, foreign nationals staying in the US on tourist, work or temporary visas could apply for a Green Card without leaving the country. The process especially benefited Indians on H-1B visas, allowing them to remain in the US while waiting through lengthy Green Card backlogs.
The revised policy directs officials to default to consular processing — requiring applicants to return to their home country and apply through a US embassy or consulate — instead of applying from within the US. It also states that foreign professionals are expected to leave the country after their authorised stay ends.
The impact is expected to be severe for Indian applicants in the EB-2 and EB-3 backlog categories, many of whom wait 10 to 15 years for a visa number to become available. These applicants could now be forced to leave the US and continue the Green Card process from India.
"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. 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," immigration attorney Nicole Gurnara told HT.
The move also directs officials to approve Green Card applications filed from inside the country only in "extraordinary circumstances."
For More News Updates Follow Us On www.tconews.in
