A new policy memo issued by the US Citizenship and Immigration Services (USCIS) has triggered widespread confusion and fear among foreigners living in the US. The memo, issued last week, requires many visa holders to leave the country and obtain green cards through their home countries, rather than pursuing them from within the country.

A USCIS spokesperson clarified the policy by saying the agency is just restating and reasserting its interpretation of congressional intent regarding immigration status changes. But despite this clarification, Donald Trump's latest immigration pivot – from targeting illegal immigration to targeting legal immigration pathways – has deepened uncertainty for many foreigners in the US.

For a 34-year-old Indian software engineer based in Washington on an H-1B visa, the policy adds another layer of uncertainty to an already difficult immigration process. The engineer got tired of the delays in green card processing for people from India and dumped a significant portion of his life savings in the EB-5 investor program in hopes of getting a green card faster and finding stability for his family. 'I invested a huge amount of money in this program,' he said. 'I had to take a significant loan to fund my application, and I'm worried now that this investment may go down the drain.'

The EB-5 program allows foreigners to obtain a green card by investing several hundreds of thousands of dollars into a US enterprise that would create at least 10 full-time jobs for American workers. But with the new policy, it seems that H-1B visa holders may have to go back and apply for green cards through consular processing – a process that requires them to leave the country and apply for their green cards through their home countries. 'That would mean losing a job and selling our home and maybe not having enough money to restart our lives here now that we have kids,' he added.

Other people fear that the policy could destabilize futures they believed were secure. A 30-year-old resident of Portland, Oregon, who met her Mexican husband while studying at university in Vancouver, British Columbia, said her husband had already received a green card through the adjustment of status process in February. However, because they have been married for less than two years, his residency is conditional and valid for only two years before he can apply for a 10-year green card or US citizenship. 'He is worried now to leave the country to visit his family in Mexico or travel,' she said. 'I try to assuage his fears, but it does feel like if this policy change occurs, and the rug gets pulled out from everyone pursuing immigration correctly and legally, then what promise do we truly have about our position now?'

The new policy has also disrupted long-term plans for a 26-year-old architectural designer from Hong Kong currently living in New York City on an H-1B visa. 'I just got engaged with my fiancée in Hong Kong and was planning to get married in the US and obtain a green card to continue our lives in the US,' he said. 'We were planning on getting an apartment together and perhaps starting a business.' The concern is how much the US can change their long-standing procedures and rules with simply a memo.

'The reason I came to the US is for its strong rule of law and used-to-be predictable and stable regulatory environment, where policies don't just change on a whim,' he added. 'Now, I'm not sure what the future holds.' The USCIS spokesperson said that while 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, others may be asked to apply abroad depending on individualized circumstances.

The US has long-standing procedures and rules regarding immigration, which have been changed abruptly by a single memo. The new policy has sparked widespread confusion and fear among foreigners living in the US, and how this will affect their futures remains unclear.

### Key Facts:

  • The USCIS has issued a new policy memo that requires some visa holders to leave the country and obtain green cards through their home countries.
  • The clarification by the USCIS spokesperson said the agency is 'merely restating and reasserting' its interpretation of congressional intent regarding immigration status changes.
  • A 34-year-old Indian software engineer on an H-1B visa has invested a significant portion of his life savings in the EB-5 investor program to obtain a green card faster.
  • The EB-5 program allows foreigners to obtain a green card by investing several hundreds of thousands of dollars into a US enterprise that would create at least 10 full-time jobs for American workers.
  • The new policy has disrupted long-term plans for a 26-year-old architectural designer from Hong Kong currently living in New York City on an H-1B visa.