Thousands of U.S. H1-B visa holders may no longer be automatically required to leave the country when applying for permanent residence, after U.S. immigration authorities issued clarification on a controversial new policy introduced by the Trump administration.A few days ago, the Trump administration issued a major policy memorandum narrowing the conditions under which foreigners can apply for green cards from within the United States. The move has alarmed international workers, including a large number of Indian professionals employed in the U.S. technology industry.However, U.S. Citizenship and Immigration Services (USCIS) spokesman Zach Kahler later told Newsweek that many applicants who provide financial benefits or serve the national interest can still remain in the United States during the process.“Individuals who submit applications that provide financial benefit or are in the national interest may continue on their current path,” Kahler said in an email.He added that others “may be required to apply abroad depending on their individual circumstances.”Earlier government guidance suggested a more sophisticated approach. In a press release accompanying the policy memo, Kahler said most temporary visa holders are now expected to return to their home countries before applying for permanent residency.“We are returning to the original intent of the law to ensure that foreigners move correctly through our nation’s immigration system,” Kahler said.He added: “From now on, foreigners who are temporarily in the United States and want a green card must return to their home country to apply, unless there are special circumstances.”For decades, workers on temporary visas such as H1-B, L-1 and student visas have typically been able to transition to permanent residency through the domestic adjustment of status process. This system enables applicants to continue employment in the United States while avoiding lengthy disruptions caused by overseas processing.The issue is particularly important for H-1B visa holders, many of whom work in industries such as technology, health care, engineering and finance. Immigration lawyers warn that forcing workers to leave the country in the process could create significant uncertainty for families and employers. Applicants from countries facing visa backlogs or limited consular appointments may be stuck abroad for months or even years if processing needs to be completed outside the United States.The policy also raises concerns about family separations, job disruptions and a lack of clear guidance on who exactly qualifies for the “economic interest” or “national interest” exemption.The H-1B visa program allows U.S. employers to hire foreign professionals in specialized occupations for up to three years, with extensions available in certain circumstances, according to the U.S. Citizenship and Immigration Services. The program issues 85,000 new visas each year, 20,000 of which are reserved for applicants with advanced U.S. degrees.Indians remain the largest group of H-1B visa holders in the United States.
