housands of H-1B visa holders, including many Indian professionals, could face new challenges in their journey to get a US green card.
The US Citizenship and Immigration Services (USCIS) has changed its policy on one of the most common ways people apply for permanent residency.
Under the revised rules, many applicants may no longer be able to complete the green card process while staying in the US.
Instead, they could be required to leave the country and finish the process through a US consulate in their home country.
However, USCIS has also clarified that this will not apply to everyone, and some applicants may still qualify to stay in the US while their green card application is processed.
What Has Changed?
The biggest change involves Adjustment of Status (AOS), a process that allows eligible foreign nationals to apply for a green card without leaving the United States.
According to the new policy, Adjustment of Status will now be allowed only in extraordinary circumstances.
This means many applicants may have to complete their immigrant visa process outside the US through consular processing.
At the same time, USCIS has said that applicants whose work benefits the US economy or serves the national interest may still be allowed to complete the process from within the country.
These cases will be reviewed individually.
Why Are H-1B Visa Holders Worried?
For H-1B workers, staying employed is essential to maintaining legal status in the United States.
If an H-1B employee loses a job, they usually get 60 days to find another employer, change their immigration status, or leave the country.
If they are required to leave the US for consular processing, delays in visa appointments, administrative checks, or travel restrictions could make it difficult to return quickly.
This creates additional uncertainty for many professionals.
Indian Professionals Could Be the Most Affected
Indian nationals make up the largest group of H-1B visa holders in the US.
They also face some of the longest waiting periods for employment-based green cards.
Many Indian professionals spend years on temporary work visas while waiting for permanent residency.
Because of these long backlogs, immigration experts believe the new policy could have a greater impact on Indian applicants by increasing travel risks and creating more uncertainty during the green card process.
Not Every Applicant Will Have to Leave the US
Despite concerns, USCIS has clarified that the new policy is not an automatic requirement for all H-1B visa holders.
Each application will be reviewed individually.
Applicants whose work is considered important for the US economy or national interest may still be allowed to complete their green card process without leaving the country.
However, the agency has not yet released detailed guidelines explaining exactly how these exemptions will be granted.
What Should H-1B Workers Do Now?
Immigration experts advise H-1B visa holders not to assume that their current green card plans will continue unchanged.
Anyone planning to switch jobs, travel outside the US, or apply for permanent residency should carefully review their situation with a qualified immigration lawyer before making important decisions.
As USCIS continues to implement the revised policy, more guidance is expected on which applicants can continue using Adjustment of Status and which may need to complete the process through a US consulate abroad.
