New USCIS Policy Shifts Green Card Processing Abroad, Prompts Calls to Return Home
A new policy from U.S. Citizenship and Immigration Services (USCIS) is changing how many visa holders can apply for a Green Card. The policy, detailed in Policy Memorandum PM-602-0199, reclassifies Adjustment of Status as an “extraordinary form of relief.” This means most temporary visa holders in the U.S. will now need to return to their home countries to complete their Green Card application process. This significant shift has led to strong reactions, including calls from Zoho founder Sridhar Vembu for Indian professionals to return to India.
The change affects individuals on common temporary visas like H-1B, L-1, and F-1 OPT. Previously, many viewed adjusting their status within the U.S. as the standard way to gain permanent residency without leaving the country. Under the new guidelines, these individuals are now generally required to go through immigrant visa processing at a U.S. embassy or consulate in their home country. The Department of Homeland Security (DHS) stated this move aims to align with the original intent of immigration laws, preventing individuals from remaining in the U.S. illegally after being denied residency.
Impact on Indian Visa Holders and the Visa Bulletin
This policy change comes at a time when the U.S. State Department’s Visa Bulletin for June 2026 shows significant retrogression for Indian applicants in key employment-based categories. Specifically, the EB-2 India category moved backward by 10.4 months, with its final action date now at September 1, 2013. The EB-1 India category also saw a retrogression of 3.5 months, moving to December 15, 2022. While EB-3 India advanced slightly by one month to December 15, 2013, the overall trend for many Indian professionals means longer waits and a more complex path to permanent residency.
The combination of mandatory overseas processing and visa bulletin retrogression creates new challenges for Indian nationals. Those who must leave the U.S. for their immigrant visa interview face potential interruptions in employment continuity. The new policy does not provide a fixed timeline for how long this overseas processing will take, which can disrupt ongoing projects and internal company transfers. This is particularly difficult for workers who had planned their careers based on the expectation of completing the process within the U.S.
Concerns Regarding Overseas Processing and Discretionary Denials
Immigration lawyers have also raised concerns about the risks associated with overseas processing. Individuals who depart the U.S. after accumulating unlawful presence, even unintentionally due to delays in visa processing, could face 3-year or 10-year bars that prevent their reentry. This adds another layer of uncertainty for applicants already navigating lengthy immigration backlogs.
Furthermore, the new USCIS memorandum grants adjudicating officers more discretion to deny applications. Officers are instructed to consider conduct “inconsistent with the purpose of the visa,” which introduces subjectivity into the review process. This can be particularly concerning for individuals who have built careers in the U.S. on temporary visas and are now facing a more unpredictable path to permanent residency.
Sridhar Vembu’s Call to Return Home
Zoho founder Sridhar Vembu publicly reacted to the policy shift by urging Indian professionals in the United States to return to India. On May 23, 2026, he posted on X, stating, “Once again, my appeal to Indians in America on a visa. Please come home. Even if you feel it is hardship and sacrifice, self-respect should dictate your course. Let’s make Bharat proud.” Vembu has long advocated for building opportunities within India, viewing the country as a source of talent rather than just a labor market for foreign economies.
Vembu’s message highlights a growing sentiment among some Indian tech leaders that India’s own technology and startup sectors now offer competitive opportunities. He suggested that talent no longer needs to remain abroad by default and that returning to India aligns with self-respect and national pride. His remarks underscore the economic and personal implications of the U.S. immigration policy changes for a significant community of skilled workers.
Potential Economic and Personal Repercussions
The shift towards mandatory overseas processing and the extended wait times could lead to several economic and personal consequences. Workers facing uncertain Green Card timelines abroad might choose to relocate permanently to India or seek opportunities in countries with more stable immigration pathways, such as Canada. This could result in a reverse brain drain, impacting sectors in the U.S. that rely on skilled foreign talent.
For families, the changes can mean prolonged separations. Mixed-status households, where one family member has a different immigration status, may face extended periods apart while the principal applicant undergoes processing abroad. The uncertainty surrounding processing times and potential reentry bars adds significant strain to family life. The USCIS policy and the State Department’s visa bulletin updates together present a more challenging landscape for Indian professionals seeking permanent residency in the United States.
Frequently Asked Questions
What is the main change in the new USCIS policy regarding Green Card processing?
The new policy reclassifies Adjustment of Status as an extraordinary form of relief, meaning most temporary visa holders must now return to their home countries to complete their Green Card application.
Which visa holders are most affected by this policy change?
Individuals on common temporary visas such as H-1B, L-1, and F-1 OPT are generally affected by this shift.
What are the concerns about processing Green Cards abroad?
Concerns include potential reentry bars if individuals accumulate unlawful presence while waiting for overseas processing, and increased subjectivity in application denials by USCIS officers.
What has been the reaction from some Indian professionals and leaders?
Some leaders, like Zoho founder Sridhar Vembu, have urged Indian professionals in the U.S. to return to India, citing growing opportunities and national pride.
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