Who Can Remain in the US During Green Card Processing? New Guidance for H-1B Holders

US immigration authorities have clarified that many H-1B visa holders may remain in the country while their applications for permanent residency are processed, easing concerns raised by an earlier policy statement.

US Citizenship and Immigration Services (USCIS) said applicants who can show that their work benefits the US economy or serves the national interest are likely to continue using the existing adjustment-of-status process. The clarification followed concern among foreign professionals after guidance suggested that temporary visa holders would need to return to their home countries to apply for green cards.

A USCIS spokesperson, Zach Kahler, had earlier stated that “an alien who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances”. In a later interview with Newsweek, Kahler adopted a more measured position, saying applicants who demonstrate economic contribution or national interest “will likely be able to continue on their current path”, while others could still be required to apply from abroad depending on individual cases.

The clarification is important for H-1B visa holders who have traditionally relied on the adjustment-of-status process to apply for permanent residency without leaving the United States. The earlier guidance raised concerns about delays in overseas visa appointments and the possibility of job losses for workers facing strict deadlines after losing employment.

Indian nationals are expected to be among the most affected by any policy changes. They account for the largest share of H-1B approvals and are heavily represented in technology, healthcare, engineering and finance.

Although the latest statement has reduced some uncertainty, immigration specialists say important questions remain. USCIS has not publicly defined the standards for “economic benefit” or “national interest”, leaving applicants unclear about how the rules will be applied.

For those who do not qualify under the exemptions, extended stays outside the US could affect employment, family arrangements and long-term career plans. Employers and visa holders are now awaiting further guidance on how the policy will be implemented in practice.