US clarifies green card rules, but tighter scrutiny awaits many applicants

A recent change in US immigration guidance sparked concerns that all Green Card applicants would be required to leave the United States and complete consular processing abroad before obtaining permanent residency. However, the Department of Homeland Security (DHS) has now clarified that the change does not apply to everyone.

The clarification from the DHS follows a directive from US Citizenship and Immigration Services (USCIS) that reignited debate over whether immigrants on temporary visas such as H-1B, F-1 and H-4 would lose the ability to obtain Green Cards through the Adjustment of Status process while remaining in the United States.

USCIS spokesperson Zach Kahler said the directive is intended to restore the original purpose of immigration laws and prevent the misuse of temporary visas by individuals who later seek permanent residency.

However, DHS said the guidance does not amount to a blanket policy shift. Instead, immigration officers have been instructed to assess applications on a case-by-case basis, leaving room for exemptions.

Applicants who contribute significantly to the US economy or whose work is deemed to be in the national interest may still be allowed to complete the Green Card process without leaving the country. Others could be directed to return to their home countries and undergo consular processing abroad.