Green Card rules explained: Why some workers and scholars don’t have to leave US

The earlier interpretation of the rule suggested that most temporary visa holders would need to leave the United States and apply for permanent residency from their home country.

US Green Card Rules: The United States has clarified its new green card rules at a time when many foreign workers and students, especially from India, were concerned about possible changes in the permanent residency process. The initial announcement from the US Citizenship and Immigration Services (USCIS) had created uncertainty among H-1B workers, students and researchers who are working or studying in the country with long-term plans to settle there.

The earlier interpretation of the rule suggested that most temporary visa holders would need to leave the United States and apply for permanent residency from their home country. This caused confusion among thousands of applicants who were working in the US system and waiting to become eligible for a green card.

However, US immigration authorities have now issued a clarification that eases concerns for many professionals and scholars.

Clarification on in-country green card applications

According to USCIS spokesperson Jack Kahl, individuals who contribute to the US economy or work in areas considered to be in the national interest may still be allowed to apply for a green card while staying in the country.

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“Those who apply for permanent residency in areas that provide economic benefit or are in the national interest may likely be allowed to stay in the country under existing rules,” he said in a statement.

He added that others may be asked to apply from outside the United States depending on their individual case and circumstances.

This clarification has brought some relief to workers who feared that they would have to leave the United States during the application process.

What is a green card in the US system?

A US green card allows a foreign national to live and work in the country on a permanent basis. Most applicants enter the country on temporary visas, such as student visas or work permits, and later become eligible to apply for permanent residency after meeting certain conditions.

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Once approved, a green card holder can live in the United States without time restrictions and work in almost any job or profession. After five years of holding a green card, individuals can also apply for US citizenship if they meet the eligibility requirements.

Green card holders also get access to social security benefits, retirement-related support and other public services. For students, having a green card can reduce education costs as they qualify for lower tuition fees compared to international students.

National interest sectors

US authorities have also made it clear that preference will be given to applicants working in sectors considered important for national interest. These include technology fields such as semiconductors and nanotechnology, healthcare professions, engineering roles in civil and mechanical fields and defence and aerospace work related to missiles, aircraft and space systems.

These areas are seen as aligned with the country’s economic and strategic priorities.

Impact on Indian professionals and students

Indian workers form a major part of the H-1B and L-1 visa categories in the United States. Many of them are employed in technology companies, engineering firms, healthcare institutions and defence-related research projects. And therefore, the clarification is expected to benefit a large section of Indian professionals who are working in sectors classified under national interest.

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For Indian students and researchers, especially those pursuing PhD programmes or advanced research in science and technology fields, the updated guidance also offers some relief. Many of them are engaged in projects related to aerospace, defence systems and advanced engineering, which fall under priority sectors identified by US authorities.

Scholars on O-1 visas, which are granted to individuals with exceptional ability in fields such as science, education, business, arts or athletics, may also find it easier to continue their green card applications without leaving the country, provided their work aligns with national interest areas.

While the rules have become stricter in terms of eligibility, the clarification suggests that the United States intends to keep skilled professionals in important sectors within its system.