Provide proof, stay in US: Indians with H1-B visa may not need to panic
A new US immigration clarification has brought relief to thousands of Indians on H-1B visas after fears grew that green card applicants may be forced to leave America. USCIS now says many workers providing economic benefit or serving national interest could still remain in the US during the process.
Thousands of Indians working in the US on H-1B visas were left worried after the Trump administration introduced a stricter green card policy that appeared to force many foreign workers to leave America and apply for permanent residency from their home countries. But a fresh clarification from US immigration authorities has now eased some of those fears. The confusion began after the US administration issued a policy memo tightening the rules around the "Adjustment of Status" process, the long-used system that allowed temporary visa holders to apply for green cards while continuing to live and work in the US. The new guidance suggested that most applicants would now have to leave the country and complete the process from abroad, triggering panic across immigrant communities, especially among Indian professionals employed in the technology sector.
However, US Citizenship and Immigration Services (USCIS) later clarified that many workers will still be allowed to stay in America if they can prove that their work benefits the US economy or serves the national interest, according to a report by Newsweek.
"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," USCIS spokesman Zach Kahler told Newsweek in an email. He added that others "may be asked to apply abroad depending on individualised circumstances."
The earlier announcement had sounded far more rigid. In a statement released alongside the policy memo, Kahler had said that foreign nationals living temporarily in the US and seeking permanent residency would generally need to return to their home countries before applying.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly," Kahler said. He further added that, "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."
That statement immediately raised alarm bells because, for decades, workers on H-1B, L-1 and even student visas were usually allowed to move to permanent residency without leaving the US. The process helped professionals continue their jobs while avoiding long delays and uncertainty tied to overseas visa appointments.
For Indian workers, the issue is even more serious because they form the largest group of H-1B visa holders in America. Many have spent years building careers, buying homes and raising families in the US while waiting for green cards stuck in lengthy backlogs.
Immigration experts had warned that forcing workers to leave the country could disrupt jobs, separate families and leave applicants stranded abroad for months or even years, especially in countries facing visa appointment delays.
Fresh clarification offers some relief to H1-B visa holders
The latest clarification from USCIS appears to soften the earlier message. While the administration is still tightening the overall immigration process, officials are now suggesting that workers contributing to the US economy or working in important sectors may continue applying from within the country.
Still, there remains uncertainty over who exactly qualifies under the "economic benefit" or "national interest" categories. Immigration lawyers say the lack of detailed guidelines could continue to create anxiety for many applicants.
The debate around the rule also sparked reactions from India’s tech industry leaders. One of them is Sridhar Vembu, who recently urged Indians in the US to return home instead of depending on uncertain immigration policies abroad.
“Once again, my appeal to Indians in America on a visa. Please come home. Even if you feel it is hardship and sacrifice, self-respect should dictate your course. Let's make Bharat proud,” Vembu wrote on social media.
His comments, however, triggered backlash online, with many users arguing that immigration decisions are not simply about "self-respect" and that most families cannot easily walk away from careers and lives built over many years in the US.
The concern around visas has already been growing in recent months as layoffs continue across the American tech sector. Companies including Meta, Amazon and Oracle have announced job cuts, putting additional pressure on H-1B workers who must find a new employer within 60 days after losing a job or leave the country.
Many laid-off workers are reportedly trying to move temporarily to B-2 visitor visas to buy more time, though immigration lawyers say approvals are becoming increasingly difficult. According to immigration experts, authorities are now asking for additional paperwork and issuing more denials in such cases.
Data from US immigration authorities showed that Indians accounted for 283,772 out of 406,348 approved H-1B petitions in FY25, highlighting how dependent Indian professionals remain on the program.