A new US immigration policy proposal has triggered anxiety across immigrant communities, especially among highly skilled workers and Indian professionals waiting for permanent residency. The debate intensified after immigration experts, startup founders and visa holders criticised a new guidance memo from the US Citizenship and Immigration Services (USCIS), calling it “massive” and “absurd.” 

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The proposed change would require many applicants seeking a Green Card to leave the United States and complete the final immigration process from their home country instead of adjusting status while remaining inside the US. The move marks a significant shift in how America interprets long-standing immigration procedures. 

What the new rule says 

According to the USCIS guidance, individuals on temporary non-immigrant visas — including H-1B, F-1, J-1 and O-1 categories — may no longer be allowed to remain in the US while their Green Card applications are processed. Instead, they would need to return to their home country, undergo consular processing, obtain an immigrant visa and then re-enter the United States as permanent residents. 

USCIS Director Joseph Edlow reportedly argued that the distinction between temporary admission and permanent immigration must remain clear, saying that people entering on non-immigrant visas originally came without the intent to settle permanently. 

Why experts are alarmed 

Immigration lawyers and industry leaders say the change could create massive disruption for the US economy and innovation ecosystem. Critics argue that forcing workers to leave the country during the Green Card process could interrupt employment, research projects and startup operations. 

A foreign-born startup founder quoted in reactions to the policy questioned whether even highly skilled H-1B workers would be exempt. Others warned that top scientists and engineers may choose to leave the US altogether rather than face uncertainty and repeated relocations. 

The criticism also stems from the reality of America’s Green Card backlog. Employment-based applicants from countries like India already face waits stretching beyond a decade in several visa categories because of annual country caps. 

Indian professionals could be among the hardest hit 

The proposal has drawn particular concern from the Indian diaspora, which forms one of the largest groups in the US employment-based immigration queue. Indian tech workers dominate H-1B visa categories and often spend years renewing temporary visas while waiting for permanent residency approval. 

For many families, the uncertainty extends beyond employment. Children ageing out of dependent visas, repeated visa renewals and fears over travel restrictions have already made the immigration process deeply stressful. Critics argue that the latest proposal adds another layer of instability. 

The proposal comes amid a wider tightening of US immigration enforcement and scrutiny. Recent measures have included stricter rules on application signatures, expanded biometric monitoring and greater scrutiny of applicants’ online activity.

Published on: May 22, 2026 11:22 PM IST