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Many Indian immigrants on employment and student visas rely on getting their green card while they’re still in the US. The new rule adds further uncertainty to the process.

In a significant policy update, the US government has categorized green card adjustments as a scarce discretionary privilege, a decision that may force many Indian H-1B visa holders to pursue their applications outside the country. Immigration attorneys foresee a rise in legal battles, warning that this could jeopardize the residency journey for numerous individuals, leaving them facing increased risks.

Data from the US Citizenship and Immigration Services (USCIS) shows that nearly 540,000 family-sponsored green card applications and about 170,000 employment-based applications are currently pending.

USCIS has issued a new policy memo requiring most foreigners seeking a green card to apply from their home country, shifting from adjustment of status within the U.S. This stricter standard emphasizes weighing negative factors like immigration violations and inconsistent conduct, demanding stronger evidence of "unusual or outstanding" positive ties to the U.S. for those applying domestically.

USCIS has clarified a new Green Card policy. This policy could have required many to apply from abroad. However, USCIS now states that applicants with national interest or economic benefit may continue their current process. This offers relief to many H-1B visa holders and tech industry workers. The agency is reasserting its interpretation of immigration law.

US Secretary of State Marco Rubio announced a new 'America First' visa scheduling system in India, prioritizing business professionals and investors crucial to US economic and strategic interests. This initiative aims to strengthen bilateral ties and expedite travel for those contributing to trade and investment, while also emphasizing stricter security screenings for all applicants.

US non-immigrant visa applicants now face new questions about experiencing or fearing harm in their home countries, with affirmative answers potentially leading to denial. This change could impact future asylum claims, as applicants might be challenged on the veracity of their statements. Immigration experts suggest these questions target legal immigrants who might later seek asylum.

USCIS now has the power to reject or deny immigration applications, even keeping fees, if an invalid signature is found months or years later. This new rule, effective July 10, 2026, applies broadly to most benefit requests, including visas and Green Cards. Applicants cannot usually fix signature errors after submission.