Relief for Indian techies? New US Green Card rule may not hit H 1B workers immediately

In a relief for Indian techies working in the US, the Department of Homeland Security (DHS) recently clarified the immigration policy announced on Friday. The DHS suggested that current H-1B holders will be able to “continue on their current path.” 

According to the Trump administration’s recent directive, most people seeking green cards will now have to apply for permanent residency from outside the US and apply at an embassy or consulate abroad, “except in extraordinary circumstances”. 

Allaying apprehensions among the H-1B workers in the United States, the USCIS told Semafor that H-1B visa holders and high-skilled workers may not be affected immediately. 

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The agency spokesperson said that it is “merely restating and reasserting” its reading of the congressional intent on immigration status changes. 

“While we work to operationalise this, people who present applications that provide an economic benefit or otherwise are in the national interest will likely be able to continue on their current path while others may be asked to apply abroad depending on individualised circumstances,” the spokesperson added.

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Reacting to the move, LinkedIn founder Reid Hoffman wrote on X that this is a “harmful move” for technology, business and America at large. 

Hoffman wrote, “Does this mean AI Researchers, employees, and students will now have to leave the country and wait through a backlog process to continue their work? Harmful move for tech, business, and America broadly…”

According to officials, the policy “allows our immigration system to function as the law intended instead of incentivising loopholes.”

Even though the USCIS policy remains unclear on H-1B visas, its memo noted that “applying for adjustment of status is not inconsistent with simultaneously maintaining nonimmigrant status in a category with dual intent.”

A footnote in the memo said that lawful status in the program “is not sufficient, on its own, to warrant a favourable exercise of discretion.” 

Meanwhile, US Secretary of State Marco Rubio on Saturday announced an “America First” visa schedule, which would prioritise business professionals. 

Describing India as central to the US’ Indo-Pacific strategy, Rubio said during the dedication ceremony of the US Embassy Support Annex Building in Delhi, “We’re introducing a new America First visa schedule that prioritises business professionals that strengthen these ties.”