USCIS clarifies that many H‑1B workers can remain in the U.S. while pursuing green cards

U.S. Citizenship and Immigration Services (USCIS) clarified a policy announced by the Trump administration that narrows the circumstances under which temporary visa holders must leave the United States to apply for permanent residency. The agency said applicants whose petitions demonstrate an economic benefit or serve the national interest may continue the green‑card process inside the country, while others will be required to undergo consular processing abroad.

The guidance reverses decades‑long practice of domestic adjustment of status for H‑1B, L‑1, student and other non‑immigrant visas. It creates uncertainty for thousands of H‑1B professionals—many of them Indian nationals—working in technology, engineering, finance, health care and related fields. Critics warn of family separations, job disruptions and prolonged waiting periods for applicants from countries with severe visa backlogs. USCIS did not define precise criteria for the exemptions, leaving employers and immigration lawyers to interpret the “economic benefit” and “national interest” standards.

The policy affects the 85,000 annual H‑1B slots, of which 20,000 are reserved for U.S. advanced‑degree holders, and could influence hiring and retention decisions across U.S. industries that rely on high‑skill foreign workers.