The United States has clarified that not all H-1B visa holders must leave the country when applying for a green card. The clarification came after confusion over a policy memo that suggested foreign workers would need to return to their home countries to apply for permanent residency.
A spokesperson for US Citizenship and Immigration Services (USCIS), Zach Kahler, said many applicants may still stay.
“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,” he told Newsweek.
He added that others “may be asked to apply abroad depending on individualised circumstances”.
EARLIER GUIDANCE CAUSED CONCERN
The earlier policy statement had indicated a stricter approach. Kahler had said at the time: “From now on, an alien who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.”
The United States has clarified that not all H-1B visa holders will have to leave the country while applying for a green card. (File Phot)
The United States has clarified that not all H-1B visa holders must leave the country when applying for a green card. The clarification came after confusion over a policy memo that suggested foreign workers would need to return to their home countries to apply for permanent residency.
A spokesperson for US Citizenship and Immigration Services (USCIS), Zach Kahler, said many applicants may still stay.
“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,” he told Newsweek.
He added that others “may be asked to apply abroad depending on individualised circumstances”.
EARLIER GUIDANCE CAUSED CONCERN
The earlier policy statement had indicated a stricter approach. Kahler had said at the time: “From now on, an alien who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.”
This marked a shift from long-standing practice, where many temporary visa holders could apply for permanent residency from within the US through the “adjustment of status” process.
The change led to concern among foreign workers, especially Indians in the technology sector.
INDIANS AMONG MOST AFFECTED
Indian professionals form the largest group of H-1B visa holders in the United States. Many work in sectors such as technology, healthcare, engineering and finance. For years, they have relied on the system that allowed them to live and work in the US while waiting for green cards.
Official data shows Indians accounted for a large share of approved H-1B petitions in recent years.
“PROVIDE PROOF, STAY IN US”
The latest clarification suggests that workers who can show their role benefits the US economy or serves the national interest may not need to leave. This has eased some of the concerns among applicants.
However, there is still uncertainty over how these conditions will be applied and who will qualify.
RISK OF DISRUPTION REMAINS
Immigration experts have warned that forcing workers to leave the US during the process could disrupt jobs and families.
Applicants could face delays in visa appointments abroad, which may keep them out of the US for long periods. There are also concerns among workers facing layoffs, as visa rules require them to find a new job within a limited time or leave the country.