Update: According to various news outlets, on May 29, the Department of Homeland Security sought to clarify its announcement from last month noted below that immigrants seeking permanent residency would have to return to their home countries to await their green cards.
The Department said it was not a blanket change and that it would be up to individual immigration officers to decide whether someone should have to go back to their home country to gain a green card. Official guidance from the Department has not yet been released on this clarification. AHCA/NCAL will keep its members informed of any relevant updates to this matter.
U.S. Citizenship and Immigration Services (USCIS) recently announced a new policy about “adjustment of status,” which is the process of applying for a Green Card while staying in the United States.
Under this policy, most people who are in the U.S. on temporary visas — such as student visas, work visas, or tourist visas — will have to return to their home country and apply for a Green Card through a U.S. consulate there. USCIS stated that applying inside the U.S. will only be allowed in rare or “extraordinary” situations.
However, this policy may face legal challenges going forward.
Note: Students or those on an H1B are able to apply for the green card in the US and then fly back when their Embassy interview is scheduled.
Impact on employers:
The full impact of the policy is still unclear. USCIS has not explained exactly who will qualify for exceptions or when the policy officially starts. It also appears the stricter standards may apply not only to new applications, but also to cases that are already pending. Until further guidance is issued, applicants and immigration practitioners should proceed cautiously and carefully assess eligibility requirements and potential risk factors before filing an application.
You can find more information on this matter on the USCIS site here.