Indian Techies Face Green Card Uncertainty

This could come as a setback to thousands of Indian engineers who have waited for years for their work visas to pave the way for the coveted Green Card.

Queue outside immigration office

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The US administration's decision that foreign nationals seeking lawful permanent residence should generally apply from outside the country through consular processing rather than adjusting status within the country can add a fresh layer of uncertainty.

This could come as a setback to thousands of Indian engineers who have waited for years for their work visas to pave the way for the coveted Green Card.

Key Points

US administration wants most Green Card applicants to apply outside America through consular processing instead of status adjustment.
Immigration lawyers say USCIS has widened discretionary powers, making approvals less predictable despite applicants meeting legal eligibility requirements.
The policy shift could impact thousands of Indian engineers waiting years for permanent residency through employment-based visa categories.
USCIS clarified exemptions may apply for foreign nationals providing economic benefit or serving broader American national interests.
Experts warn heightened scrutiny may increase delays, denials, and uncertainty even for applicants holding valid H-1B or L-1 visas.

USCIS Tightens Adjustment Rules

Replying to concerns raised by External Affairs Minister S Jaishankar on Sunday, US Secretary of State Marco Rubio said the current process to reform the existing system is not targeted at India at all, but a larger effort at addressing the challenge of migration facing the US.

The new memo by the US administration has changed the lens through which US Citizenship and Immigration Services (USCIS) says it will exercise discretion.

The memorandum does not amend the Immigration and Nationality Act, alter the regulations governing adjustment of status, or eliminate adjustment under INA Section 245 as a pathway to permanent residence.

Eligible applicants can still apply for adjustment of status from within the United States.

But what it has changed is the discretionary authority, according to immigration lawyers.

"What the memo does is underscore -- far more explicitly than before -- that adjustment of status is discretionary," said Poorvi Chothani, managing partner at immigration law firm LawQuest.

"Through this memorandum, USCIS is reminding adjudicating officers, and applicants that adjustment is not an entitlement simply because statutory eligibility has been met. It is, in the agency's words, an exercise of administrative discretion," Chothani added.

Consular Processing Concerns Grow

The USCIS notified last week about this change adding that aliens who are in the US temporarily and want 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 incentivising loopholes,' according to a statement.

It, however, clarified later that foreign nationals offering 'economic benefit' or serving the 'national interest' could qualify for exemptions under the tougher policy.

H-1B Visa Scrutiny Rises

This follows a massive clampdown on the issuance of H-1B visas, where registrations submitted for 2026-2027 dropped 38 per cent to 211,600 from 343,981 a year earlier.

The USCIS said it was approving more applicants with advanced degrees and higher salaries, attempting to shut the door on the low-wage and low-skilled foreign workforce.

Green Card Backlog Continues

For Indian EB-2 and EB-3 applicants, however, the practical problems for Green Card remain entirely unchanged.

The crushing backlog driven by per-country quotas and the visa bulletin still exists, and this memorandum does nothing to shorten those waits.

What it changes is the level of predictability at the end of that journey.

Historically, once an applicant maintained valid H-1B status, secured an approved I-140, and finally reached a current priority date after years -- often after decades of waiting -- adjustment of status was largely treated as the final procedural step.

Indian Engineers Face Uncertainty

Sukanya Raman, US immigration advisor with Davies and Associates, says even when applicants meet all statutory requirements, USCIS appears to be placing greater emphasis on weighing "positive and negative factors," making adjudications more subjective and less predictable for applicants and employers alike.

"Individuals already in dual-intent classifications such as the H-1B Visa or L-1 Visa, as well as applicants with pending filings submitted before May 22, are less likely to be directly affected.

"However, applicants with prior immigration violations, status issues, or criminal history should consider reviewing their cases carefully in light of this evolving discretionary framework.

"Applicants and employers should remain proactive and prepared, as evolving adjudication standards could lead to heightened scrutiny, delays, or discretionary denials even in otherwise approvable cases," she added.

The fine print