The US Citizenship and Immigration Services (USCIS) on Friday issued a new policy memo reaffirming that foreign nationals seeking adjustment of status must complete the process through consular processing outside the United States via the Department of State, in line with existing immigration laws and court rulings.Indian applicants will be forced to leave the US and apply for “adjustment of status” for a green card in India except in extraordinary circumstances. (X/@unumihaimedia)Officers have been directed to consider all relevant factors and information on a case-by-case basis when determining whether a foreigner warrants this extraordinary form of relief.“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances," said USCIS Spokesman Zach Kahler."This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the US illegally after being denied residency,” Kahler added.“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the US for a short time and for a specific purpose".Also Read | H1-B, Green Card alert: USCIS to reject or deny applications of these candidates amid new signature ruleWhat will be the impact on Indian H1B professionals?Indian applicants will be forced to leave the US and apply for “adjustment of status” for a green card in India except in extraordinary circumstances.Immigration attorney Nicole Gurnara told HT, “This memo doesn't change the law, but it changes the posture officers are being asked to take. Filing for a green card from inside the US has always been technically discretionary, and for years that discretion was used sparingly”.Gurnara said the memo signalled that discretionary denials would likely be used more frequently. She noted that under the 2022 Supreme Court ruling in Patel v. Garland, such denials were also largely beyond the scope of federal court review.She added that the most significant part of the memo was buried in a footnote, which stated that merely maintaining valid H-1B or L-1 status throughout the green card process would not, on its own, be enough to justify a favourable decision.According to Gurnara, H-1B workers had traditionally assumed that if they maintained legal status, paid taxes and met all eligibility requirements, their I-485 applications would be approved. However, she said the memo now suggested that applicants may need to do more than simply qualify for a green card, and would instead have to demonstrate positive “equities” and personal attributes to strengthen their case.F-1 visa students might face more exposure“Students on F-1 visas may face more exposure than H-1B holders, because F-1 is not a dual intent visa. When students applied for their F-1, they likely confirmed to a consular officer that they planned to return home. The memo gives officers more room to weigh that representation when those same students opt to file for a green card.”“For applicants choosing between adjusting status in the US or returning to India for a consular interview, that decision looks more complicated than it did a week ago. Both paths carry risks. But filing inside the US, which used to be the obvious choice for most, now comes with a higher discretionary bar.”Silver lining in the memo too“For Indian families who have spent ten or fifteen years in the EB-2 or EB-3 backlog, there is one silver lining. The memo's emphasis on equities, meaning the positive ties an applicant has built in the US, plays in their favor. After a decade of waiting, those ties are usually deep. Children have grown up here. Spouses have built careers on H-4 EADs,” Nicole Gurnara said.“That story is now their strongest argument, but they have to make it. What I am telling clients is to treat every green card filing as making a case, not filling out a form. Show the work. Document the family ties, the tax history, the applicant’s community involvement, career progression, and the life they have built here. The cases USCIS used to approve quickly may not be approved on autopilot anymore”.