The United States has partially relaxed its newly announced green card policy after the move created concern among foreign workers, especially Indian professionals living in the country on temporary visas. The policy, introduced by the US Citizenship and Immigration Services (USCIS), had stated that many foreign nationals on temporary visas would no longer be allowed to apply for permanent residency while staying inside the US. Instead, they would be required to return to their home countries and complete the process through US embassies or consulates.

The announcement led to confusion and criticism because it marked a major shift from the earlier system. Under the previous process, many eligible applicants could remain in the US and apply for permanent residency through Adjustment of Status. This option was widely used by workers on H-1B visas, students, and other legal visa holders waiting for green cards.

After backlash from immigration experts and visa applicants, USCIS introduced two important exceptions to the policy. The agency said applicants whose presence in the US provides “economic benefit” or serves the “national interest” may still be allowed to continue their green card process from within the country. However, the agency has not clearly explained who would qualify under these categories or how the exemptions would be applied.

In a statement, USCIS spokesperson Zach Kahler defended the agency’s decision and said the changes were meant to restore the original intent of immigration law. “After years of ignoring the intent of Congress in the adjustment of status application, USCIS is merely restating and reasserting that intent," Kahler said.

He further added, “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 individualised circumstances."

The revised clarification is especially important for Indian professionals working in the US on H-1B visas. Indian applicants form one of the largest groups waiting for employment-based green cards. Due to annual country limits and long visa backlogs, many Indians in the EB-2 and EB-3 categories spend years waiting for permanent residency approvals.

Under the earlier system, these applicants could continue living and working in the US while waiting for their green card priority dates to become current. In many cases, the waiting period stretches between 10 and 15 years. Because of this, the initial USCIS policy created fear among workers that they could suddenly be forced to leave the US and complete the process from India through consular processing.

The earlier USCIS memo had directed immigration officials to treat Adjustment of Status as an “extraordinary” form of relief. It also encouraged greater use of consular processing. This meant many applicants believed they might lose the ability to stay in the US during the green card process.

The updated clarification now suggests that some applicants, particularly skilled workers, researchers, technology professionals, or individuals considered strategically important, may still be able to remain in the US while their applications are processed. However, immigration experts say the lack of detailed guidance has created uncertainty for many people trying to decide the best path forward.

Immigration attorney Nicole Gurnara said applicants now face a more difficult decision while choosing between Adjustment of Status inside the US and consular processing abroad. “For applicants choosing between adjusting status in the US or returning to India for a consular interview, that decision looks more complicated than it did a week ago," Gurnara told Hindustan Times.

She further said, “Both paths carry risks. But filing inside the US, which used to be the obvious choice for most, now comes with a higher discretionary bar."

Experts believe the policy change is part of a larger immigration push by US authorities to tighten rules around temporary visa holders. The broader aim appears to reinforce the expectation that people on temporary visas should leave the country once their authorised stay ends unless they qualify under specific conditions.

The situation has also increased anxiety among Indian families settled in the US for years while waiting for green cards. Many professionals have built careers, purchased homes, and raised families in the country during the long waiting period. Any sudden requirement to leave the US could create financial and personal difficulties for thousands of applicants.

While the latest clarification has provided some relief, uncertainty still remains because USCIS has not defined the exact standards for “economic benefit” or “national interest.” Immigration lawyers say future implementation of the policy will determine how much protection skilled foreign workers actually receive under the revised rules.