USCIS Clarifies Green Card Policy for H-1B Holders: Overseas Processing Is Default, Some May Apply in the US if It Serves Economic or National Interest
USCIS has clarified last week's policy memo: adjusting status in the US is no longer the norm, with overseas consular processing now the default. Some H-1B holders may still apply for green cards without leaving the US if their applications serve economic or national interests, while others may be required to apply from abroad.
Although the new policy sets 'applying from abroad' as the default requirement, some H-1B visa holders may still be able to apply for green cards while remaining in the United States, provided their applications bring economic benefits to the U.S. or serve the national interest. This directive significantly tightens the conditions for in-country change of status, breaking with immigration practices that had been in place for decades.
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U.S. immigration authorities have clarified a policy issued by the Trump administration last week. Under that clarification, many H-1B visa holders may be able to apply directly for green cards without leaving the United States.
Previously, the government issued a far-reaching policy memorandum on Friday. The memo significantly tightened the conditions under which foreigners can directly convert to permanent residence while in the United States. This directive breaks with immigration practices that had been in place for decades and represents a highly significant policy reversal.
On Sunday, U.S. Citizenship and Immigration Services (USCIS) spokesperson Zach Kahler said in an email to media that the agency is 'reaffirming' Congress's original intent. He noted that this was precisely what Congress intended when it established the adjustment of status pathway.
Kahler explained: 'If the application brings economic benefits or serves the national interest, the applicant will likely be able to continue through the existing pathway.' He added that for other applicants, 'the immigration agency may, based on individual circumstances, require them to submit their applications overseas.'
A Major Shift in the Green Card Application Pathway
The government's new measures reshape the process of transitioning from temporary nonimmigrant status to permanent residence. For decades, adjusting status within the United States was merely a routine administrative process. However, under the newly issued guidance, USCIS believes that Congress never intended for temporary visitors to use short-term stays as an automatic springboard to green cards. These visitors include international students, H-1B professionals, L-1 intracompany transferees, and tourists.
Instead, the immigration agency now treats overseas consular processing as the default requirement. Only in extremely exceptional circumstances may applicants adjust status within the United States.
When the memo was issued on Friday, Kaller emphasized this hardline position in an accompanying press release. He stated that, under current requirements, most nonimmigrants must return to their home country in order to complete the green card application process.
In the earlier press release, Kahler said: 'We are returning to the original intent of the law to ensure that foreigners properly comply with our immigration system. From now on, foreigners temporarily residing in the United States who wish to apply for green cards must return to their home countries to apply. Only a very small number of special circumstances may be excepted.'
This marks the government's formal establishment of its latest position. That is, unless they meet extremely stringent conditions, temporary visa holders should not adjust status within the United States.
