The pathway to Green Card for immigrants in the US, including those in H-1Bs or L-1 visas, just got a bit more complicated as the American authorities added a new hurdle.

Migrants to the US seeking permanent residency or a green card will have to return to their home country to file their applications, as per a new US Citizenship and Immigration Service (USCIS) policy note on Friday.

“From now on, an alien who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances,” USCIS spokesman Zach Kahler said in a statement here.

“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process,” the statement said.

He noted that this was meant for the US to “return to the original intent of the law” and will also ensure that it frees up limited USCIS resources in the US.

However, subsequently, in a clarification statement, the USCIS spokesman Zach Kahler suggested that green card applicants in the US who provide an “economic benefit” or serve “national interest” will be allowed to complete their processing here, without having to leave.

But, the policy has set off widespread confusion and apprehensions among H-1B and L1 work visa holders in the US, many of whom are Indians and also in the STEM field. They may now have to rely on visa appointments in their home country consulates and this will be a temporary disruption from their personal and professional lives for an indefinite period of time, they fear.

Immigration law firm Reddy Neumann Brown in a note said, “The message is clear: meeting the eligibility requirements alone may no longer be enough. From tax compliance and lawful status history to community ties, family integration, and economic contributions, [H-1B and L-1s] applicants should now be prepared to proactively document the positive equities supporting their I-485 case,” it said.

Another immigration attorney, who is still analysing the rule and did not want to be named, said that the new rule is broad-based and seems to be applicable to all “Adjustment of Status” cases including H-1Bs.

“But it is unclear how the authorities will adjudicate H-1B and L-1s filing for AOS as those are called dual intent visas. It will be dealt with on a more case-to-case basis and that further increases apprehensions among H-1B holders, the person added.

Andrew NG, co-founder of Coursera and a top AI entrepreneur in the US, said in a post on X that, “The new White House policy requiring green card applicants to apply from outside the US is a capricious attack on legal immigration. It will hurt families, leave us with fewer doctors, teachers and scientists, and hurt American competitiveness in AI.”

Separately, releasing its FY27 numbers for H-1B registrations, the USCIS said that the number dipped by 38.5%, from 343,981 in fiscal year 2026 to just 211,600 in fiscal year 2027. “We’re approving more applicants with advanced degrees and higher salaries—especially those who studied at U.S. universities,” it added.

Published on May 23, 2026