US clarifies green card rule for H-1B workers, eases fears over forced departures

US clarifies green card rule for H-1B workers, eases fears over forced departures

The United States has clarified that not all H-1B visa holders will be required to leave the country while applying for permanent residency, easing widespread anxiety among foreign workers — particularly Indian professionals in the technology sector.

The clarification came after confusion surrounding an earlier policy statement that suggested temporary visa holders seeking green cards might have to return to their home countries to complete the application process.

US Citizenship and Immigration Services (USCIS) spokesperson Zach Kahler said many applicants would still be allowed to remain in the United States while their green card applications are processed.

“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 told Newsweek.

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

The earlier guidance had triggered alarm across immigrant communities, especially among Indian H-1B professionals who form the largest share of skilled foreign workers in the United States. Many work in critical sectors such as technology, healthcare, engineering, finance, and research.

Under long-standing immigration practices, many temporary visa holders were able to apply for permanent residency from within the US through a process known as “adjustment of status.” The earlier statement had raised fears that applicants could be forced to leave the country during processing, potentially disrupting careers, businesses, and family life.

Immigration experts warned that mandatory overseas processing could create major complications, including lengthy visa appointment delays at US consulates abroad and uncertainty for workers facing layoffs or visa expiration deadlines.

The latest clarification has provided partial relief, though uncertainty remains regarding how authorities will determine whether an applicant qualifies under “national interest” or economic benefit standards.

The issue has also sparked debate among Indian professionals. Zoho founder Sridhar Vembu recently urged Indian workers in the US to consider returning to India, arguing that self-respect and long-term opportunity should guide their decisions. His remarks generated mixed reactions online, with many professionals noting the challenges of leaving established careers and families behind.

Despite the clarification, analysts say the broader direction of US immigration policy continues to move toward stricter scrutiny and tighter enforcement standards.

For now, many H-1B workers remain cautiously optimistic while awaiting further details on how the revised policy will be implemented.