US clarifies green card rule for H-1B workers: Who can stay in America during application process

The United States has clarified that not all H-1B visa holders will have to leave the country while applying for a green card. (File Phot)

The United States has clarified that not all H-1B visa holders must leave the country when applying for a green card. The clarification came after confusion over a policy memo that suggested foreign workers would need to return to their home countries to apply for permanent residency.

A spokesperson for US Citizenship and Immigration Services (USCIS), Zach Kahler, said many applicants may still stay.

“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,” he told Newsweek.

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

Earlier guidance caused concern

The earlier policy statement had indicated a stricter approach. Kahler had said at the time: “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.”

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This marked a shift from long-standing practice, where many temporary visa holders could apply for permanent residency from within the US through the “adjustment of status” process.

The change led to concern among foreign workers, especially Indians in the technology sector.

Indians among most affected

Indian professionals form the largest group of H-1B visa holders in the United States. Many work in sectors such as technology, healthcare, engineering and finance. For years, they have relied on the system that allowed them to live and work in the US while waiting for green cards.

Official data shows Indians accounted for a large share of approved H-1B petitions in recent years.

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“Provide proof, stay in US”

The latest clarification suggests that workers who can show their role benefits the US economy or serves the national interest may not need to leave. This has eased some of the concerns among applicants.

However, there is still uncertainty over how these conditions will be applied and who will qualify.

Risk of disruption remains

Immigration experts have warned that forcing workers to leave the US during the process could disrupt jobs and families.

Applicants could face delays in visa appointments abroad, which may keep them out of the US for long periods. There are also concerns among workers facing layoffs, as visa rules require them to find a new job within a limited time or leave the country.

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EXPLAINED — US IMMIGRATION US Clarifies Green Card Rule For H-1B Workers Many applicants may still stay in America during processing if they qualify under "national interest" or economic benefit criteria. Here's what changed and who it affects. What changed? Old vs New Who can stay? The journey India angle Relief & risks THE CLARIFICATION USCIS softens earlier stance on green card applicants US Citizenship and Immigration Services has clarified that not all H-1B visa holders must leave the country when applying for a green card. The clarification follows confusion sparked by an earlier policy memo that suggested foreign workers would need to return home to apply for permanent residency. EARLIER FEAR All temporary visa holders must return home to apply NEW REALITY Many may still stay; case-by-case review See Old vs New TWO STATEMENTS, ONE SPOKESPERSON USCIS spokesperson Zach Kahler walks back the stricter line Within a short window, Kahler issued two statements that read very differently — first signalling a sweeping shift, then telling Newsweek the reality was more nuanced. "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." — Zach Kahler, USCIS spokesperson (earlier statement) "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… others may be asked to apply abroad depending on individualised circumstances." — Zach Kahler, USCIS spokesperson (to Newsweek, latest clarification) Who can stay? WHO QUALIFIES USCIS lays out three filters — but leaves the details vague The agency has named two qualifying conditions plus a catch-all for case-by-case review. What it has not done is publicly define how "economic benefit" or "national interest" will be measured. $ Economic benefit Applicants whose role contributes to the US economy are likely to continue their current path without leaving. ★ National interest Roles considered to serve broader US national interest are also exempt from the stricter return-home requirement. ⚖ Individualised circumstances Others "may be asked to apply abroad" — discretion stays with USCIS, with no public criteria yet for what tips the balance. Trace the journey H-1B visa holder works in the US, typically sponsored by an employer in tech, healthcare, engineering, or finance. Worker files for a green card seeking permanent residency, traditionally through the adjustment of status route from within the US. Earlier USCIS memo suggested workers must return home to apply — triggering panic across the H-1B community. USCIS clarifies: workers showing economic benefit or national interest "likely" continue on current path; others may need to apply abroad. How the criteria will be applied — and who exactly qualifies — remains unclear. Workers, employers and immigration lawyers are watching for further guidance. Why India is watching WHY INDIA IS WATCHING Indians form the largest group of H-1B visa holders in the US For years, Indian professionals have relied on the adjustment-of-status route to live and work in the US while waiting in the long green card queue. Any tightening of that pathway hits this cohort first and hardest. ◆ Technology The largest concentration of Indian H-1B workers — software engineers, product roles, data and AI talent across US tech. ◆ Healthcare Doctors, researchers and allied health professionals — particularly visible in hospital systems and biotech. ◆ Engineering Hardware, semiconductors, infrastructure, energy — engineering roles where India sends a steady stream of specialists. ◆ Finance Banking, quant, fintech — long-standing pathways for Indian professionals on the H-1B route. Relief & risks WHAT THE CLARIFICATION DOES — AND DOESN'T DO Partial relief — but the direction of policy stays stricter The clarification softens the worst-case fear of mass return-home requirements. But immigration experts warn that for those who do not clear the bar, the disruption is real — and the criteria remain undefined. RELIEF Adjustment of status still possible for many; exemptions for economic benefit and national interest RISKS Visa appointment delays abroad; tight job-loss window; family and career disruption; vague qualifying criteria "Please come home… self-respect should dictate your course." — Sridhar Vembu, business leader, urging Indians in the US to consider returning Sources: USCIS spokesperson statements via Newsweek · The Indian Express reporting · Agency inputs Share Express InfoGenIE

Debate among Indian professionals

The issue has also sparked debate among Indian professionals. Business leader Sridhar Vembu urged Indians in the US to consider returning home, saying: “Please come home… self-respect should dictate your course.”

His remarks drew mixed reactions, with many pointing out the difficulty of leaving established careers and lives in the US.

While the clarification offers relief, the broader direction of US immigration policy remains stricter.

Authorities have indicated that some applicants will still be required to apply from abroad, depending on their case. As a result, many H-1B visa holders continue to watch the situation closely as more details emerge.

(With input from agencies)