A week after triggering concern among immigrants and employers, the US administration has clarified that green card applicants will not automatically be required to leave the country and wait abroad while their applications are processed.
The clarification came from the US Department of Homeland Security (DHS) on Friday following widespread confusion over recent guidance issued by the US Citizenship and Immigration Services (USCIS).
Last week's USCIS communication had suggested that applicants seeking permanent residency would generally be expected to complete the process through US consulates in their home countries unless exceptional circumstances justified otherwise.
The announcement sparked fears that thousands of immigrants already living and working in the US could lose access to the long-standing "adjustment of status" route, which allows eligible applicants to obtain permanent residency without leaving the country.
DHS has now stressed that the guidance was merely a reminder of existing discretionary powers available to immigration officers.
"This was simply a reminder that officers have always had the authority to make case-by-case decisions," an official spokesperson said.
According to DHS, immigration officials will continue evaluating applications individually rather than applying a blanket rule.
However, the department indicated that certain groups could receive greater scrutiny, including:
Individuals who have overstayed their visas
Applicants from countries with high levels of public assistance usage
Cases involving immigration compliance concerns
The earlier guidance had alarmed employers that depend on foreign professionals working on H-1B and other temporary visas.
Business groups warned that forcing workers to leave the US while waiting for green card approvals could disrupt operations and worsen talent shortages in sectors that rely heavily on skilled migrant labour.
Immigration lawyers also reported confusion among applicants, with some USCIS officers reportedly questioning applicants during interviews about why they were seeking permanent residency from within the United States rather than applying from their home countries.
A senior White House official told The New York Times that the guidance was intended as an administrative clarification rather than a significant change in immigration policy.
Nevertheless, legal experts say uncertainty remains over how immigration officers will apply the guidance in practice and which categories of applicants may be most affected.
US government data show that approximately 14 lakh green cards were issued in 2024. Of these, about 8,20,000 were granted through adjustment-of-status applications filed by individuals already residing in the United States.
While DHS has sought to reassure applicants that no sweeping change is underway, immigration attorneys say further clarity will be needed to dispel concerns created by the original announcement.