US clarifies green card issuance regulations, announces exit exemption status

Lam Anh |

The US government affirms that not all workers holding H-1B visas must leave the US when applying for a green card.

On May 24 (US time), US immigration officials gave an explanation after a memorandum of the administration of US President Donald Trump caused concern in the foreign working community. This document was previously understood to require temporary visa holders to leave the US to apply for permanent residence.

The above information has caused many international workers, especially Indians working in the technology sector in the US, to worry about the risk of disruption to work and life.

Spokesman for the US Citizenship and Immigration Services (USCIS), Mr. Zach Kahler, later said that cases that bring economic benefits or serve national interests are likely still able to remain in the US during the processing of dossiers.

Those who apply for permanent residence that bring economic benefits or serve national interests can continue to follow the current path," Mr. Kahler told Newsweek.

According to him, some other cases may be required to submit applications from abroad depending on the specific circumstances of each individual.

Previously, in a statement accompanying the new policy memorandum, USCIS emphasized that most temporary visa holders will have to return home before applying for a green card.

We are bringing the system back to its original purpose of law to ensure that foreigners comply with the immigration process appropriately," Mr. Kahler said in a statement.

He also said that from now on, people temporarily residing in the US and wanting to apply for a green card will have to return home to submit applications, except in special cases.

For decades, holders of visas such as H-1B, L-1 or study visas have often been allowed to transfer to permanent residency through residency adjustment procedures right in the US. This mechanism helps workers continue to work while waiting for application review.

The issue is of particular concern to the H-1B labor group, which is concentrated in the technology, healthcare, engineering and finance sectors - areas considered to play an important role in the US economy.

Immigration lawyers have warned that forcing workers to leave the US during the green card application process could create more instability for both employers and immigrant families.

Lam Anh
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