USCIS Clarifies Green Card Policy for H-1B Visa Holders

The US Citizenship and Immigration Services (USCIS) has issued a clarification on the Trump administration’s new Green Card policy that could require many applicants to apply for permanent residency from outside the United States. The policy announcement made last week raised fears across the technology industry and among H-1B visa holders that high-skilled workers could face long delays or disruptions in their immigration process. However, a USCIS spokesperson told Semafor that many H-1B visa holders and applicants considered to be in the national interest may still be allowed to continue adjusting their status from inside the country.

USCIS says some applicants may continue current Green Card process

According to the clarification, the agency said the policy is “merely restating and reasserting” its interpretation of congressional intent regarding immigration status changes. As per the report, the Department of Homeland Security (DHS) said that current H-1B visa holders could be able to “continue on their current path.” “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,” the USCIS spokesperson told the publication. Trump’s new green card rules sparks concerns The Trump administration’s earlier directive suggested that most people applying for Green Cards would need to complete the process outside the US instead of adjusting their status while already living in the country. Announcing the new rules, the agency said “We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances”. The move immediately sparked concerns. LinkedIn co-founder Reid Hoffman criticized the policy on social media, writing, “Harmful move for tech, business, and America broadly.” Immigration lawyer Todd Pomerleau also questioned whether the policy would survive legal challenges. “You can’t, through a stroke of a pen, overturn a statute,” Pomerleau told ABC News. “It’s illegal, and it’s going to get shut down in court.” Administration officials defended the changes, saying the “policy allows our immigration system to function as the law intended instead of incentivizing loopholes.”