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US clarifies Green Card rule; exemptions likely for Indian professionals

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A day after the US announced a new rule requiring foreigners to leave the United States and apply for Green Cards from their home countries, a clarification has come that would provide relief to a select category of applicants.This would be good news for lakhs of Indians working in the US and in the queue to seek a Green Card.The US said on Saturday that some Green Card applicants under the new rules would be exempt. This development comes after US President Donald Trump announced new rules governing immigration and Green Cards.Speaking about the relief, a spokesperson for United States Citizenship and Immigration Services (USCIS), Zach Kahler, said individuals whose applications provide economic benefits to the US or serve the national interest are likely to be exempt from the country’s proposed Green Card processing changes.“People who present applications that provide an economic benefit or otherwise are in the national interest will likely be able to continue on their current path, while others may be asked to apply abroad depending on individualised circumstances,” Kahler said.The clarification comes after the Donald Trump administration announced new immigration rules under which migrants seeking permanent residency in the US may be required to return to their home countries to complete the Green Card application process.A Green Card allows foreign nationals to live and work permanently in the US.Kahler’s remarks appeared to provide relief to thousands of Indian professionals in the US, particularly those working on H-1B visas. A long waiting period exists for Green Cards applied for on the basis of long-term employment. Indian applicants face wait times stretching from 10 to 15 years to get a Green Card. For them to return to India and then apply for a Green Card would be economically and socially unviable.Under the earlier system, many applicants could remain in the U.S. while their applications were processed.According to updated guidance issued by USCIS, officials are expected to enforce the Immigration and Nationality Act. This means the transition from a temporary work visa to a Green Card would happen when the applicant is in their home country.The US move is part of a series of attempts the Trump administration has made to restrict and limit immigration for people from dozens of countries.“Non-immigrants, like students, temporary workers, or people on tourist visas, come to the US for a short time and for a specific purpose,” Kahler said, adding, “Our system is designed for them to leave when their visit is over.”The US government policy fundamentally changes how foreign nationals on temporary visas can apply for permanent residency or a Green Card.

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