Major change in US Immigration rules: Here's what Green Card aspirants should know

In a major overhaul of US immigration policy, one that could impact the Green Card aspirations of thousands of Indians as well, the Trump administration announced that foreign nationals on temporary visas would no longer be allowed to apply for permanent residency from within the United States. Under the new directive, most applicants must now return to their home countries to complete Green Card applications through US consulates abroad.

The policy, issued via a memorandum by US Citizenship and Immigration Services (USCIS), redefines the traditional domestic Adjustment of Status (AOS) process as an “extraordinary act of administrative grace” rather than a standard entitlement.

Impact on Indian professionals and students
The change is expected to affect Indian nationals, particularly high-skilled professionals, IT workers, and students, many of whom rely on the AOS process to navigate decades-long employment-based Green Card backlogs caused by per-country caps.

According to immigration consultants, historically, domestic AOS filings provided critical “bridge” benefits, including Interim Employment Authorisation Documents (EAD) and Advance Parole for travel. These allowed visa holders to remain and work legally in the US, even after H-1B visas expired. The new rule removes this safety net, forcing applicants to return home, potentially disrupting their jobs and personal lives, they said.

Tech hubs like Silicon Valley could face major operational challenges, as US employers may lose essential talent temporarily or permanently, reports said. US consulates in New Delhi, Mumbai, Hyderabad, Chennai, and Kolkata already experience long appointment backlogs, and this policy could overwhelm their capacity.

USCIS, in a statement issued on their official website, said while exceptions for dual-intent visas like H-1B might be clarified in the future, currently, adjudicators were instructed to view domestic AOS applications less favourably compared to applying through overseas consulates.

'Closing the local loophole'
The administration described the policy as a measure to curb legal immigration loopholes and restore the system to its intended statutory design. The Department of Homeland Security, in an X post, said: “An alien who is in the US temporarily and wants a Green Card must return to their home country to apply. This policy allows our immigration system to function as the law intended instead of incentivising loopholes. The era of abusing our nation's immigration system is over.”

USCIS spokesman Zach Kahler stated, “Exceptions are there in extraordinary circumstances.” Kahler added that domestic AOS encouraged some applicants to bypass proper channels, and the policy ensures that non-immigrant visas remain strictly for short-term stays.

Shift of workload to State Department
By limiting domestic processing, the administration is shifting most Green Card adjudications to US consular offices worldwide. USCIS said this would allow field offices to focus on priorities such as visas for victims of human trafficking and violent crime, naturalisation applications for existing permanent residents, and enhanced national security screening

Part of a broader Immigration crackdown
The move is part of a wider effort to restrict legal immigration. Recent measures include expanding a $15,000 visa bond programme for nationals from 50 countries, suspending immigrant visas for citizens from 75 nations deemed financial burdens, and stricter country-specific reviews for Green Card applicants.

The policy has drawn criticism from immigration attorneys, corporate leaders, and human rights organisations. They warn that it could create logistical nightmares and block legal pathways, particularly for citizens from countries without functioning US embassies or unsafe regions.

Federal legal challenges from business coalitions, tech advocacy groups, and civil rights organisations are expected in the coming days to block the implementation of the memorandum.

More details are expected to be communicated via the USCIS website (uscis.gov) soon.
(With agency inputs)