The US Citizenship and Immigration Services (USCIS) has issued a clarification regarding the Trump administration's new Green Card policy, which initially raised concerns that many applicants would need to apply for permanent residency from outside the United States. The policy announcement last week sparked fears across the technology industry and among H-1B visa holders, who worried about potential long delays or disruptions in their immigration process.
Clarification on Policy Implementation
According to a USCIS spokesperson who spoke to Semafor, many H-1B visa holders and applicants deemed to be in the national interest may still be permitted to adjust their status from within the country. The agency stated that the policy is "merely restating and reasserting" its interpretation of congressional intent regarding immigration status changes. The Department of Homeland Security (DHS) indicated that current H-1B visa holders could "continue on their current path."
"While we work to operationalize this, 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," the USCIS spokesperson explained.
Previous Directive and Industry Reaction
The earlier directive from the Trump administration suggested that most Green Card applicants would need to complete the process outside the US, rather than adjusting their status while already living in the country. Announcing the new rules, the agency said, "We're returning to the original intent of the law to ensure aliens navigate our nation's immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances."
This move immediately sparked concerns. LinkedIn co-founder Reid Hoffman criticized the policy on social media, calling it a "harmful move for tech, business, and America broadly." Immigration lawyer Todd Pomerleau questioned whether the policy would survive legal challenges, stating, "You can't, through a stroke of a pen, overturn a statute. It's illegal, and it's going to get shut down in court."
Administration officials defended the changes, asserting that the "policy allows our immigration system to function as the law intended instead of incentivizing loopholes." The clarification from USCIS aims to alleviate some of the uncertainty, particularly for high-skilled workers who contribute to the national interest.
