Thousands of H1-B visa holders in the US may not be automatically required to leave the country while applying for permanent residency, after US immigration authorities issued a clarification on a controversial new policy introduced by the Trump administration.The clarification came days after the Trump administration issued a major policy memorandum that narrowed the conditions under which foreign nationals can apply for a green card from within the United States. The move caused panic among international workers, including a large number of Indian professionals working in the US technology sector.However, US Citizenship and Immigration Services (USCIS) spokesman Zach Kaler later told Newsweek that many applicants who provide economic benefit or serve the national interest can still remain in the United States during the process.“People who submit requests that provide an economic benefit or are in the national interest will likely be able to continue on their current path,” Kahler said in an email.Others may be asked to apply abroad depending on individual circumstances, he added.Previous administration guidance had suggested a more nuanced approach. In a press release issued alongside the policy note, Kahler stated that most temporary visa holders are now expected to return to their home countries before applying for permanent residency.
“We are returning to the original purpose of the law, which was to ensure that foreigners deal with our country’s immigration system correctly,” Kahler said.He added: “From now on, a foreigner who is in the United States temporarily and wants to obtain a green card must return to his home country to submit the application, except in exceptional circumstances.”For decades, workers on temporary visas such as H1-B and L-1 visas and student visas have generally been allowed to transition to permanent residency through the local adjustment of status process.
This system enabled applicants to remain employed in the United States while avoiding the long disruptions of processing abroad.This issue is of particular importance to H-1B visa holders, many of whom work in sectors including technology, healthcare, engineering and finance. Immigration lawyers have warned that forcing workers to leave the country during this process could create significant uncertainty for both families and employers.
Applicants from countries facing visa backlogs or limited consular appointments will likely remain stuck abroad for months or even years if necessary to complete processing outside the United States.The policy has also raised concerns about family separation, work disruption, and a lack of clear guidance about exactly who qualifies under the “economic benefit” or “national interest” exemptions.According to USCIS, the H-1B visa program allows U.S. employers to hire foreign professionals in specialized occupations for up to three years, with the possibility of extension in some cases. The program caps at 85,000 new visas per year, including 20,000 visas reserved for applicants with advanced degrees in the United States.Indians continue to represent the largest group of H-1B visa holders in the United States.
