Green card hopefuls in the US have been handed over a fresh challenge by the Donald Trump administration: most immigrants seeking green cards have to leave the United States and complete the application process from overseas. This is creating anxiety for hundreds of thousands of applicants whose permanent residency cases are already awaiting approval.Although the exact number of Indians impacted remains unclear, Indian nationals are one of the largest groups waiting for green cards. A 2022 report by Cato Institute estimated that the Indian green card backlog stood at 719,737 in the previous year and suggested the waiting period could stretch up to 90 years!Data from the US Citizenship and Immigration Services (USCIS) shows that nearly 540,000 family-sponsored green card applications and about 170,000 employment-based applications are currently pending. However, the policy memo issued on May 22 did not clearly state whether the rule would apply only to future applicants or also affect those whose cases are already in process, according to an ET report.
What’s the challenge?
Being forced to restart the application process from outside the US could create serious challenges for many applicants, particularly those with families already living in the country and professionals dealing with a difficult job market disrupted by artificial intelligence. The requirement could also result in additional delays in processing permanent residency applications.The policy memo does not clarify whether the changes apply only to applications filed after May 21 or also extend to cases already submitted, said Shilpa Malik, managing attorney at VisaNation Law GroupAccording to Malik, this ambiguity remains one of the biggest unresolved concerns for the hundreds of thousands of applicants whose cases are already pending with immigration authorities.She added that processing timelines for I-485 applications — the form used for adjustment of status to permanent residency or green cards — currently range between roughly 11 and 31.5 months for employment-based categories.Experts noted that while adjustment of status applications filed through work or student visas have always involved discretionary review, the latest USCIS guidance appears to signal a broader and more aggressive use of that discretion than what had previously been practiced.In a statement to media platform Semafor, a spokesperson for the US Citizenship and Immigration Services said applicants who contribute economic value or whose applications are considered in the national interest would still be allowed to continue under the current system. However, the spokesperson did not provide further clarification on how the policy would be implemented.Marco Rubio, who is currently visiting India on a four-day trip ending May 26, said on Sunday that the immigration measures were not specifically directed at India but were part of a broader global effort to address the migration crisis in the United States.The tougher immigration measures, including increased visa rejections and the new requirement to apply for green cards from abroad, have drawn criticism from prominent technology leaders such as Andrew Ng, Cofounder of Coursera, Yann LeCun, AI pioneer, and Reid Hoffman, Cofounder of LinkedIn.In a post on X, Andrew Ng described the policy as “a capricious attack on legal immigration,” warning that it would negatively impact families, reduce the number of doctors, teachers and scientists in the United States, and weaken the country’s competitiveness in artificial intelligence.Reid Hoffman also criticised the measure on X, calling it damaging for the technology sector, businesses, and the broader US economy.Garry Tan said in a post on X that the policy was misguided and harmful, adding that the United States needs to retain talented individuals who can build future businesses capable of generating employment for millions of people.The latest immigration measures are consistent with the Trump administration’s broader scrutiny of skilled foreign workers in the US, including the proposed $100,000 fee for new H-1B visa petitions.