1.2 million Indians could be affected by new US Green Card processing rules

Washington: A major immigration policy shift introduced by the administration of former US President Donald Trump has triggered fresh uncertainty among Indian professionals living in the United States, particularly those caught in long employment-based green card backlogs.

The policy change, announced on Friday by the US Citizenship and Immigration Services, alters the process through which foreign nationals on temporary visas can apply for permanent residency in the United States.

The revised approach requires many applicants to return to their home countries and complete the green card process through US embassies or consulates abroad instead of changing status while remaining inside the United States.

Under the updated policy memo issued by USCIS, adjustment of status within the US will now be treated as an exceptional form of relief rather than a routine immigration pathway.

The change affects individuals on temporary non-immigrant visas, including employment and dependent visa categories commonly used by foreign professionals.

Immigration observers say the move could have a particularly significant impact on Indian nationals, many of whom remain stuck in decade-long employment-based green card queues.

Immigration advocate warns of impact on Indian families

Ajay Bhutoria, who previously served as a White House adviser under former US President Joe Biden, warned that the policy could place more than 1.2 million Indian-American families in a difficult position.

“This puts 1.2 million Indian Americans and their families in limbo after they followed every law, paid taxes and waited legally for decades,” Bhutoria said.

He also criticised the memo for allegedly giving immigration officers excessive discretionary authority over applications.

According to Bhutoria, the revised guidance means that simply meeting statutory eligibility criteria may no longer guarantee approval of domestic I-485 adjustment applications.

“THE BOMBSHELL: Meeting statutory eligibility is no longer enough,” he wrote.

H-1B and other visa holders could face increased scrutiny

Bhutoria further claimed that employment-based immigration categories were now “directly in the crosshairs” under the updated policy framework.

He said visa holders under categories such as H-1B, H-4, L-1, L-2, B-1 and B-2 could face increased scrutiny during the immigration process.

According to him, even dual-intent visa holders may not be fully protected under the revised interpretation.

“Even though these are legal ‘dual-intent’ visas, USCIS explicitly states maintaining status alone isn’t enough,” he said.

Bhutoria alleged that immigration adjudicators are now being instructed to examine an applicant’s complete immigration history in the United States, where even minor status gaps or unauthorised employment could potentially lead to denial.

He also warned that applicants whose petitions are rejected may ultimately be forced to leave the country and return to their home nations.

USCIS partially retracts policy hours later

However, only hours after the policy announcement generated concern, USCIS appeared to partially soften its position by introducing two broad exceptions under the revised framework.

The agency added “economic benefit” and “national interest” as possible grounds under which applicants may still be allowed to continue their green card process from within the United States.

According to a statement attributed to USCIS spokesperson Zach Kahler and reported by CBS News, the agency said it was reasserting what it described as the original intent of Congress regarding adjustment of status applications.

“After years of ignoring the intent of Congress in the adjustment of status application, USCIS is merely restating and reasserting that intent. 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,” Kahler said.

Uncertainty remains over scope of exceptions

Despite the partial rollback, uncertainty continues over how the revised policy will ultimately be implemented.

The terms “economic benefit” and “national interest” have not been formally defined by US authorities, and officials have not clarified which categories of applicants may qualify for exemptions.

Immigration lawyers and advocacy groups say the lack of detailed guidance has left many foreign professionals unsure about how future green card applications could be affected.

For Indian workers already dealing with lengthy backlogs in the employment-based immigration system, the latest policy developments have added another layer of uncertainty to an already complex process.

with agency inputs