The United States has clarified that not all H-1B visa holders will be required to leave the country while applying for a green card, offering partial relief after recent policy changes triggered widespread concern among Indian professionals. However, the update has not completely eliminated uncertainty surrounding the process.
The clarification followed a Trump administration policy memo that introduced stricter rules for the “Adjustment of Status” process — the pathway that allows temporary visa holders to apply for permanent residency while continuing to live and work in the US. The initial interpretation of the guidance suggested that most applicants would need to complete the process from their home countries, sparking concern among thousands of foreign workers, especially within the Indian tech community.
USCIS spokesperson Zach Kahler told Newsweek that the situation is more flexible than initially understood. He stated that individuals whose applications demonstrate “economic benefit or national interest” would likely be allowed to continue their process within the United States. However, others may be required to apply from abroad depending on case-specific circumstances.
The original memo had taken a much stricter stance, stating that individuals in the US on temporary visas seeking a green card would generally need to return to their home countries to complete the process, except in extraordinary situations. This marked a significant departure from long-standing practice, under which H-1B, L-1, and student visa holders could transition to permanent residency without leaving the country.
The change had raised concerns because such continuity has traditionally helped professionals maintain stable employment and avoid lengthy visa delays caused by overseas processing.
Indian professionals are particularly impacted, as they account for a major share of H-1B visa holders. In FY25, Indians received 283,772 of the 406,348 approved H-1B petitions in the United States, making them the largest beneficiary group by a wide margin.
Many of these workers have spent years building careers and lives in the US while waiting for green card approvals, which are often delayed due to long backlogs. Immigration experts caution that while the clarification reduces immediate fears, the lack of clear definitions for terms like “economic benefit” and “national interest” means uncertainty is likely to continue for many applicants.
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