New Rule Requires Many Green Card Applicants to Apply From Outside the U.S.

Why it matters locally: California, home to major tech companies and industries that rely on visa-sponsored workers, may see operational impacts as companies adjust hiring and retention strategies for employees affected by the new green card application requirement.

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The U.S. Citizenship and Immigration Services (USCIS) has implemented a policy requiring many green card applicants to complete the process from outside the United States. The rule primarily affects individuals currently in the U.S. on non-immigrant visas who are seeking to adjust their status to become permanent residents. Previously, some individuals could apply for and receive green cards while residing within the U.S. The new rule alters this process, mandating that affected applicants return to their home countries to finalize their applications. The change impacts those seeking an adjustment of status, a process known as Adjustment of Status (AOS). Immigration attorneys at Erickson Immigration Group released a statement confirming the USCIS policy change. They explained that the new guidance requires the completion of Adjustment of Status requests outside of the U.S. The law firm of Reddy Neumann Brown PC noted the potential impact on pending Adjustment of Status cases. The firm suggested the change signals a shift in approach to these applications. The Washington Post and The New York Times also reported on this new policy change.