The United States is tightening its immigration process for temporary visa holders seeking permanent residency, a move that could significantly impact international students, H-1B workers, and other foreign nationals already living and working in the country.
The U.S. Citizenship and Immigration Services (USCIS) recently announced a new policy memo stating that foreign nationals applying for Green Cards must generally do so from outside the United States through consular processing under the Department of State. The agency said the guidance reflects long-standing immigration law and previous immigration court decisions.
Under the updated policy, USCIS officers will continue reviewing adjustment-of-status requests on a case-by-case basis, but only under what the agency described as “extraordinary circumstances.”
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency,” said USCIS spokesman Zach Kahler.
The policy is expected to affect thousands of temporary visa holders, including F-1 students, H-1B employees, and tourists currently in the United States while pursuing permanent residency. USCIS said the change would also help the agency redirect resources toward other priorities such as naturalization applications, humanitarian visa cases, and applications involving victims of violent crime and human trafficking.
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“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 agency added.
The announcement has already triggered criticism from parts of the technology and education sectors, with many arguing that the new approach could discourage skilled immigration and hurt American competitiveness.
Andrew Ng, co-founder of Coursera, criticized the policy on X, calling it harmful to legal immigration and innovation in the United States.
“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,” Ng wrote.
The policy has also sparked conversations within the Indian tech community, especially among professionals working in the United States on temporary visas.
Among those reacting was Sridhar Vembu, founder of Zoho, who urged Indians living in America on visas to consider returning home. Referring to the new immigration rules, Vembu wrote on X, “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.”
His comments drew mixed reactions online. While supporters praised the patriotic message, critics pointed to his own years in the United States and questioned Zoho’s workplace culture.