Thousands of H-1B visa holders, including a large number of Indian professionals, could face fresh immigration uncertainty after the US Citizenship and Immigration Services (USCIS) tightened rules governing one of the key pathways to obtain permanent residency. The revised policy significantly limits the use of Adjustment of Status (AOS), requiring many applicants to complete the green card process from outside the United States through consular processing.
Immigration experts say the change could increase legal uncertainty for foreign workers, particularly those changing jobs or nearing the expiry of their visa status.
USCIS has issued a policy stating that Adjustment of Status—the process that allows eligible applicants to apply for a green card while remaining in the US—will now be granted only in extraordinary circumstances.
Under the revised approach, many applicants seeking permanent residency may instead be required to leave the US and complete their immigrant visa processing at a US consulate in their home country.
However, USCIS has since clarified that applicants whose work provides an economic benefit or serves the national interest may still be allowed to continue the green card process from within the United States on a case-by-case basis. :contentReference[oaicite:1]{index=1}
Why H-1B Workers Are Concerned
For H-1B professionals, remaining continuously employed is essential to maintaining legal status in the United States.
If an individual loses their job, they generally have a 60-day grace period to find another employer willing to sponsor their H-1B visa, change to another valid immigration status or leave the country. Requiring certain applicants to leave the US for consular processing could introduce additional uncertainty because visa appointments, administrative processing or travel restrictions may delay their return. :contentReference[oaicite:2]{index=2}
Potential Impact On Indian Professionals
Indian nationals account for the overwhelming majority of H-1B visa holders and also face the longest employment-based green card waiting periods.
Because of these lengthy backlogs, many Indian professionals remain on temporary visas for years while awaiting permanent residency. Immigration experts believe any restrictions on Adjustment of Status could disproportionately affect this group by increasing travel risks and extending uncertainty during the green card process. :contentReference[oaicite:3]{index=3}
Not Everyone Will Have To Leave
Despite initial concerns, USCIS has clarified that the policy is not an automatic requirement for every H-1B holder.
Applications will continue to be evaluated individually, and workers whose employment is considered beneficial to the US economy or national interest may still qualify to complete the green card process without leaving the country.
The agency has not yet published detailed criteria explaining how these exemptions will be applied in every case. :contentReference[oaicite:4]{index=4}
What H-1B Holders Should Do
Immigration lawyers advise H-1B workers not to assume that their existing green card strategy remains unchanged.
Those planning job changes, international travel or permanent residency applications should review their individual circumstances with qualified immigration counsel before making major decisions. As USCIS continues implementing the revised policy, further guidance may clarify which applicants can continue using Adjustment of Status and which may need to pursue consular processing abroad.
Summary
USCIS has tightened the use of Adjustment of Status, meaning many foreign workers seeking US permanent residency may now have to complete the process through consular processing outside the country. While H-1B holders are concerned about increased uncertainty, USCIS has clarified that applicants whose work serves the national interest or provides significant economic benefit may still be allowed to remain in the US during the green card process on a case-by-case basis.
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