H1-B relief? USCIS says some visa holders may not need to leave US for Green Card process

Thousands of H1-B visa holders in US may no longer be automatically required to leave the country while applying for permanent residency, after US immigration authorities issued a clarification on a controversial new policy introduced by the Trump administration.

The clarification came days after the Trump administration released a major policy memo that narrowed the circumstances under which foreign nationals can apply for green cards from inside US. The move caused panic among international workers, including a large number of Indian professionals employed in the American technology sector.



However, US Citizenship and Immigration Services (USCIS) spokesman Zach Kahler later told Newsweek that many applicants who provide an economic benefit or serve the national interest could still remain in US during the process.

“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,” Kahler said in an email.

He added that others “may be asked to apply abroad depending on individualized circumstances.”

The administration’s earlier guidance had suggested a tricter approach. In a press release issued alongside the policy memo, Kahler stated that most temporary visa holders would now be expected to return to their home countries before applying for permanent residency.

“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly," Kahler said.

He added: "From now on, an alien who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances."

For decades, workers on temporary visas such as H1-B, L-1 and student visas were generally allowed to transition to permanent residency through a domestic adjustment-of-status process. That system enabled applicants to remain employed in the US while avoiding lengthy disruptions caused by overseas processing.

The issue is especially important for H-1B visa holders, many of whom work in sectors including technology, healthcare, engineering and finance. Immigration lawyers have warned that forcing workers to leave the country during the process could create major uncertainty for both families and employers. Applicants from countries facing visa backlogs or limited consular appointments could potentially remain stranded abroad for months or even years if required to complete processing outside the US.

The policy has also raised concerns over family separation, work disruptions and the lack of clear guidance on who exactly qualifies under the “economic benefit” or “national interest” exemptions.

According to USCIS, the H-1B visa programme allows US employers to hire foreign professionals in speciality occupations for up to three years, with extensions available in some cases. The programme is capped at 85,000 new visas annually, including 20,000 reserved for applicants holding advanced US degrees.

Indians still remain the largest group of H-1B visa holders in US.
Catch all LIVE updates on the US-Iran conflict, Israel-Iran war, Donald Trump reactions, and global oil market impact here.