A sweeping immigration policy shift by the Trump administration has sparked fresh uncertainty for Indian professionals living in the United States, especially those stuck in years-long employment-based green card backlogs.
The US Citizenship and Immigration Services (USCIS) on Friday introduced a new policy memo that changed how foreign nationals on temporary visas can apply for permanent residency or a green card.
The new policy required applicants on temporary visas to return their home country and apply for green card through a US embassy or consulate, rather than allowing the category change while staying in the US.
The move could affect more than 1.2 million Indian-American families, according to Ajay Bhutoria, former White House Advisor to President Joe Biden and an immigration advocate. “This puts 1.2 million Indian Americans and their families in limbo after they followed every law, paid taxes and waited legally for decades,” Bhutoria said.
Bhutoria claimed the memo grants officers “unchecked discretion” to deny domestic I-485 applications even when applicants satisfy all legal requirements. “THE BOMBSHELL: Meeting statutory eligibility is no longer enough,” he wrote.
He warned that employment-based immigration routes are “directly in the crosshairs,” with H-1B, H-4, L-1, L-2, B-1 and B-2 visa holders likely to face heightened scrutiny.
Bhutoria added that even dual-intent visas are not safe under the policy. “Even though these are legal ‘dual-intent’ visas, USCIS explicitly states maintaining status alone isn’t enough,” he said, alleging that adjudicators are now being instructed to review an applicant’s entire US immigration history, where even minor status gaps or unauthorised work could lead to denial.
According to him, applicants whose petitions are rejected may be forced to leave the US and return to their home countries.
US walks back on some aspects
After the US announced a new policy that curtailed a key immigration route for foreign nationals seeking a green card, the authorities have now retracted some elements, providing respite to international professionals, including Indian workers.
Also read | US walks back on some aspects after ‘leave country’ rule to seek Green Cards: ‘National interest’
Hours after introducing the policy change, the USCIS seems to have partially retracted the changes, inserting two exceptions: “economic benefit” and “national interest”.
“After years of ignoring the intent of Congress in the adjustment of status application, USCIS is merely restating and reasserting that intent. 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,” USCIS Spokesman Zach Kahler said in a statement, according to CBS News.
However, the two broad terms are not defined, not the US authorities have elaborated on who would qualify or be granted exemptions under the modification.
With inputs from ANI
