Do green card applicants have to leave the US? DHS does U-turn, most applicants will be able to stay in US only. Why did USCIS statement spread panic? Now the old “adjustment of status” process will continue as before. Was there a crisis on F-1 and H-1B? Now relief signals, big relief to many visa holders including Indian H-1B (70%).
Washington/New Delhi: For millions of expatriates living in America and especially for Indian tech professionals, the last few days were no less than a nightmare. As part of President Donald Trump administration’s strict campaign on immigration, a sudden directive came which created a stir all over the world. The news came that now every foreign citizen seeking a green card will have to return to their country of origin during the application process. But as an all-out outcry broke out between migrants and American employers, the US Department of Homeland Security (DHS) suddenly had to come on the back foot. The department has now taken a U-turn on this dreadful rule by issuing a new clarification, which has further deepened the suspense.
Fear of that one statement: When overnight I felt that I would have to leave America
This entire political and legal drama started when US Citizenship and Immigration Services (USCIS) spokesperson Zack Kahler gave a very strict and shocking statement. “From now on, any foreign national who is living temporarily in the US and wants a green card must return to their country of origin to apply, except in exceptional circumstances.”
Kahler’s argument was that this rule would reduce the difficulty of finding and deporting people who decide to hide in the US and live illegally after their green card is rejected. This statement had left the ground under the feet of migrants, big companies and immigration lawyers. Of the approximately 1.4 million green cards issued in the year 2024, a large portion were given from within the US through this “Adjustment of Status”, which this new rule was directly destroying.
The curtain lifted from the suspense: ‘That secret memorandum of 21 May’ and the fear of the students
According to an investigative report by The New York Times (NYT), at the center of this entire controversy was ‘that memorandum of May 21’, which especially gave sleepless nights to F-1 student visa and tourist visa holders. The students feared that they might be forced to leave the country after completion of their studies, pending their permanent residence applications.
But as pressure from the American economy and corporate world increased, the Department of Homeland Security (DHS) started damage control exercises. The department has now clarified that no major change has been made to the policy and that the old message was a “misunderstanding”. Immigration officials have always had the discretion to decide on a case-by-case basis who to keep in the country and who to deport.
Big relief to Indians: ‘Dual purpose’ of H-1B visa holders comes in handy
The biggest suspense in this entire incident was regarding the Indian community living in America. Since Indians constitute about 70 percent of the total H-1B visa recipients in the US, the most devastating impact of this ‘repatriation’ rule was going to be on Indian IT professionals.
But immigration experts heaved a sigh of relief and said that under this revised framework, H-1B workers are expected to get adequate protection. The main reason for this is the “Dual Intent” principle of the H-1B program. This legal provision allows visa holders to work temporarily in the United States while also applying for permanent residence (green card) at the same time. Because of this strong legal shield, Indian tech workers have escaped any harsh interpretation of the green card process.
Has the threat really been averted, or is it just a political ploy?
Even though a DHS spokesperson has now softened the message, saying “the situation remains largely unchanged,” the fear among migrants has not completely gone away. Officials have cleverly added a new clause that applicants who “provide an economic benefit or are in the national interest” will be allowed to remain in the US until their cases are processed.
Experts believe that the Trump administration has saved itself from incurring the displeasure of corporate America through this U-turn, but by giving the power of ‘individual discretion’ in the hands of immigration officials, it has hung an invisible sword over the heads of the migrants forever. Now it will be interesting to see how green card applications are assessed at the ground level in the coming days.