More than 1.2 million Indian-American families may be facing prolonged uncertainty over their future in the United States after a sweeping change in immigration policy has tightened the process for obtaining green cards, according to a former White House adviser.
Ajay Bhutoria, who served as an adviser during the Biden administration and is also an immigration advocate, has warned that the latest move by the US Citizenship and Immigration Services (USCIS) could significantly disrupt the lives of Indian professionals and their families who are already caught in long-standing visa backlogs.
The new policy reportedly shifts the green card application process in a way that restricts foreign nationals on temporary visas from adjusting their status while remaining in the United States. Instead, applicants may be required to return to their home countries and complete the process through US embassies or consulates abroad. The change marks a departure from earlier practice, where many skilled workers—particularly those on H-1B visas—could apply for permanent residency without leaving the US.
Bhutoria said the policy places “1.2 million Indian Americans and their families in limbo,” arguing that many of them have spent years, and in some cases decades, following legal pathways, paying taxes, and contributing to the US economy while waiting for their green cards. He also warned that employment-based immigration categories such as H-1B, H-4, L-1, and L-2 could face heightened scrutiny under the revised framework.
The immigration memo has also been criticised for allegedly giving officers wider discretion in deciding green card applications. According to Bhutoria, even applicants who meet legal eligibility criteria may now face denial if officials determine that their cases do not meet additional discretionary standards introduced under the policy.
The policy is particularly significant for Indian nationals, who form one of the largest groups in the US employment-based immigration system and account for a major share of the long-pending green card backlog. Many applicants in categories such as EB-2 and EB-3 are already waiting for years due to annual visa caps and country-based limits.
Concerns have also been raised over the uncertainty created by vague exemptions in the policy. While US officials have indicated that applicants who demonstrate “economic benefit” or “national interest” may still be allowed to proceed without leaving the country, no clear definition of these categories has been provided, leaving room for confusion and inconsistent application.
The move has sparked anxiety among immigrants, employers, and legal experts, who say it could disrupt families, delay permanent residency timelines further, and force individuals to make difficult decisions about work, travel, and long-term settlement in the US.
While the US administration has suggested that the changes are aimed at improving the integrity and efficiency of the immigration system, critics argue that they add another layer of uncertainty to an already complex and backlog-heavy process, particularly for Indian applicants who dominate high-skilled visa categories.
For now, thousands of families remain in a state of uncertainty, as they await clarity on how the revised rules will be implemented and whether further modifications will follow.
