A proposed change in US immigration policy has sparked major concern among immigrant communities, particularly highly skilled professionals and Indian workers waiting for permanent residency. The debate intensified after immigration experts, startup founders, and visa holders strongly criticised a new guidance memo issued by the US Citizenship and Immigration Services (USCIS), describing the proposal as “massive” and “absurd.”
The proposed policy could significantly alter the Green Card process for thousands of temporary visa holders currently living and working in the United States.
According to the new USCIS guidance, individuals staying in the US on temporary non-immigrant visas — including H-1B, F-1, J-1, and O-1 categories — may no longer be allowed to complete their Green Card process while remaining inside the country.
Instead, applicants could be required to return to their home country, complete consular processing there, obtain an immigrant visa, and then re-enter the United States as permanent residents.
USCIS Director Joseph Edlow reportedly stated that there should be a clear distinction between temporary visa holders and permanent immigrants, arguing that people entering on non-immigrant visas originally arrived without the intention of settling permanently.
Immigration attorneys and industry leaders believe the proposal could create serious disruptions for the US economy and innovation sector. Critics argue that forcing skilled workers to leave the country during the Green Card process may interrupt jobs, research projects, startup operations, and business continuity.
Several experts have questioned whether even highly skilled H-1B professionals would receive exemptions under the new system. Others warned that top scientists, engineers, and entrepreneurs may eventually choose to leave the US entirely rather than deal with uncertainty and repeated relocations.
The concerns become even more significant because of America’s existing Green Card backlog. Employment-based applicants from countries like India already face waiting periods that stretch beyond a decade in some categories due to annual country-wise limits.
The proposal has particularly alarmed the Indian diaspora, which represents one of the largest groups in the US employment-based immigration queue.
Indian IT professionals dominate the H-1B visa category and often spend years renewing temporary visas while waiting for permanent residency approval. For many families, the immigration process has already become stressful because of repeated visa renewals, travel uncertainties, and concerns about children ageing out of dependent visa status.
Critics say the new proposal could add another layer of instability to an already lengthy and uncertain process.
The proposed rule also comes amid broader tightening of US immigration policies and enforcement measures. In recent months, authorities have introduced stricter rules regarding application signatures, expanded biometric monitoring, and increased scrutiny of applicants’ online and social media activity.
As discussions continue, immigration experts believe the proposal could face strong legal, political, and industry opposition before any final implementation.
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