According to the revised policy, immigration officers have been instructed that the transition from temporary non-immigrant status to permanent immigrant status under Section 245(a) of the Immigration and Nationality Act should generally be completed while the applicant is residing outside the US.

USCIS Director Joseph Edlow said the agency wants to maintain a “clear distinction” between temporary entry into the country and permanent residency. He stated that applicants should spend the transition period in their country of origin while their immigration screening and visa process is completed.

The new guidelines are not aimed at undocumented immigrants. Instead, they are expected to directly impact individuals staying in the US on temporary visas such as B1/B2, F1/M1, J1, H-1B and O-1 visas, including tourists, students and skilled professionals.

These visa holders initially enter the United States for non-immigrant purposes, meaning they are not expected to settle permanently in the country at the time of arrival. However, many later apply for permanent residency through employment, family sponsorship or investment-based immigration categories.

The change could significantly affect Indian applicants, who already face long waiting periods for Green Cards due to country-specific visa backlogs. Until now, many applicants continued renewing their temporary visas while remaining in the US during the lengthy process.

Under the proposed system backed by the administration of Donald Trump, applicants seeking lawful permanent residence may now be required to return to their home countries, complete security screening procedures there and obtain immigrant visas through the US Department of State before re-entering America as permanent residents.

Immigrant visas are generally issued to individuals applying under employment-based, family-based or investor categories who declare their intention to permanently settle in the United States before entering the country.

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