A spokesperson for the United States Citizenship and Immigration Services (USCIS), Zach Kahler, said individuals whose applications provide economic benefits to the US or serve the national interest are likely to be exempt from the country's proposed Green Card processing changes, according to reports on Saturday.
"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, while others may be asked to apply abroad depending on individualized circumstances," Kahler said.
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The clarification comes after the Donald Trump administration proposed stricter immigration rules under which migrants seeking permanent residency in the US may be required to return to their home countries to complete the Green Card application process.
A Green Card allows foreign nationals to live and work permanently in the United States.
Kahler's remarks may provide relief to thousands of Indian professionals in the US, particularly H-1B visa holders who face long waiting periods for employment-based Green Cards. In several cases, Indian applicants in EB-2 and EB-3 categories face wait times stretching from 10 to 15 years or longer.
Under the earlier system, many applicants could remain in the US while their Adjustment of Status applications were processed. However, the proposed policy changes suggested that such adjustments would be treated as an "extraordinary form of relief", potentially increasing reliance on consular processing and requiring applicants to leave the US and apply from abroad.
Kahler's clarification indicates that exemptions may still be available for select applicants whose presence is considered economically beneficial or aligned with US national interests.
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According to updated guidance issued by USCIS, officials are expected to interpret Section 245(a) of the Immigration and Nationality Act more strictly, emphasising that transitions from temporary visa status to lawful permanent residency should generally take place outside the United States.
The policy shift was also highlighted by the US Department of Homeland Security in a post on X, which said: "An alien who is in the US temporarily and wants a Green Card must return to their home country to apply. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. The era of abusing our nation's immigration system is over."
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