New US Visa and Green Card Update.

A federal immigration announcement from the US government has raised concerns among thousands of Indians in America working, living and studying there. The new policy measures proposed by US Citizenship and Immigration Services (USCIS) are expected to toughen the green card guidelines for foreign workers, specifically Indian tech professionals.

The changes would mostly impact individuals who are currently inside the United States who are seeking to add permanent residency or a green card on a temporary visa such as the H-1B visa or other work visa or student visa such as the F-1 visa.

What Is the New US Visa Update?

According to the most recent USCIS proposal, aliens may not be able to apply for a green card while remaining in the United States through an application labeled "Adjustment of Status."

Instead, the applicants may now have to return to their own country and go through the green card process via a US embassy or consulate. This is known as "consular processing".

Previously many employed and student visa holders from India could stay in the US while awaiting approval of their green card. The new proposal alters this policy, stating that Adjustment of Status should be granted only under "extraordinary circumstances."

Why Indians Are Most Affected

Indians are among the largest groups of people on the employment-based green card backlog in the United States.

As there are country-wise caps on visa quotas and a huge backlog, a large number of Indians are waiting 10 to 20 years or more to get P. R. Under EB-2 and EB-3 categories. Estimates show that more than 12 million Indians and their families are stranded in green card queue.

If the new rules are implemented strictly, many Indians may have to:

• Leave the US during processing.

• Face long delays outside America.

• Experience family separation

• Potential for a face-to-face re-entry into the US due to visa uncertainties
  

H-1B Workers Could Face Bigger Challenges

The H-1B visa program is widely used by Indian Information Technology workers in the US. The new guidance issued by USCIS may have a more significant effect on these workers as a significant portion of Indian IT workers go on to gain a green card after being employed on a temporary work visa.

U.S. has been increasing restrictions on H-1B visa program, periodically hammering the focus on highly paid/highly skilled program participants. Data can be found with the U.S. Citizenship and Immigration Services, which shows a steadily increasing tilt toward higher-educated/highly paid applicants.

The experts claim that firms could now be more reluctant to employ overseas workers because the route to residency doesn't seem so secure in the future.

Indian Students Also Worried

Furthermore, Mexican and Indian students pursuing studies in the US under an F-1 visa may experience this transition.

Many students normally move from:

• F-1 student visa

• OPT or STEM OPT Employment Authorization

• H-1B visa

• Green card application
  

Tech and AI Leaders React Strongly

Numerous other prominent technology and AI experts have criticized the proposal.

Industry experts believe America depends heavily on global talent in areas such as:

• Artificial Intelligence (AI)

• Software engineering

• Cybersecurity

• Research and development

• Data science
  

Members of the Indian technology sector also claimed that the policies would lead to more people migrating back to India, aiding in bolstering the country's existing startup and technology ecosystem.

What USCIS Says About the Change

USCIS states the proposal is designed to reinstate the "original purpose" of immigration legislation. Officials believe the temporary nature of some visas should continue and that they shouldn't lead to permanent resident status.

The government also states that every case will be considered individually to approve the Adjustment of Status exceptions.

Summary Table: How Indians May Be Impacted

What Happens Next?

At the moment, this is a policy memo and not a law. USCIS is expected to provide more details over the coming weeks and months. If the policy continues to face challenges courts may have to weigh in.

However, the announcement has already raised concern among Indian professionals as the US remains a popular destination for Indian students and high tech workers.

With worldwide competition for highly skilled people rising, experts reckon immigration policies will become increasingly important in determining where the best professionals will live and work.

The options are becoming more competitive and the demand of an Expert consultant is more than ever.

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