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The United States has introduced significant changes to its green card application process, easing requirements for foreign nationals currently living within the country. Previously, individuals applying for permanent residency had to leave the U.S. while their applications were processed. This new policy removes that stipulation in certain circumstances.

Shifting Requirements for Permanent Residency

This adjustment directly impacts foreign citizens residing in the U.S. who are seeking to obtain legal permanent resident status. The change aims to streamline the process, particularly for those facing specific situations that previously necessitated departure from the country.

Historical Context and New Policy

For over half a century, foreign nationals legally residing in the U.S. have been able to adjust their status to permanent residents without leaving the country. This included individuals married to U.S. citizens, those on work or student visas, and asylum seekers. The new policy introduces a modification to this long-standing procedure.

Impact on High-Skilled Applicants

According to the U.S. Department of Homeland Security, this policy shift is not expected to significantly affect "highly qualified candidates and experienced professionals who have not violated the law." This suggests the changes are targeted rather than a broad overhaul for all applicants.

Special Considerations for Visa Holders

Kevin Miner, a partner at the law firm Fragomen, highlighted that individuals holding H-1B work visas will be among those benefiting from this exemption. These visas have a dual purpose, allowing holders to pursue a green card while maintaining their non-immigrant status in the U.S. The new memorandum specifically identifies these visas as eligible for special consideration.

Objective of the New Policy

Shefali Dalal-Dheini, senior director of government relations for the American Immigration Lawyers Association, believes the new policy is likely aimed at individuals who have overstayed their visas. This could include parents of U.S. citizens, employees of companies who remain in the U.S. after their visa expires, or religious workers who entered on specific religious visas.

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