Freshly Brewed

Green card hopes of Indian-origin kids at risk as new US citizenship rules take effect August 15

July 20, 2023 will mark a significant shift in the US immigration landscape as updated citizenship regulations take effect, potentially jeopardizing the green card aspirations of thousands of Indian students and professionals. The revised policy, announced by US Citizenship and Immigration Services (USCIS), alters eligibility criteria for certain visa categories, particularly impacting those on H-1B and F-1 visas.

Central to the controversy is a reinterpretation of “specialty occupations” under the H-1B visa program. The new rules introduce stricter educational requirements and mandate clearer proof of employer-employee relationships. “This will disproportionately affect Indian nationals,” warned New Delhi-based immigration attorney Priya Sharma. “Many IT professionals and recent graduates may find their applications denied under these tightened standards.”

The changes come amid increasing restrictions on high-skilled immigration under the Biden administration, which claims reforms aim to protect American workers and reduce fraud. However, critics argue the measures contradict the administration’s stated commitment to attracting global talent. USCIS data shows Indian nationals received 73% of H-1B visas in FY22, making them particularly vulnerable to policy shifts.

F-1 visa holders face parallel challenges. The updated guidance limits practical training opportunities and complicates transitions to work visas. “Optional Practical Training (OPT) extensions could become harder to obtain,” explained MIT admissions consultant Rohan Kapoor. “Students graduating in STEM fields might have fewer pathways to remain in the US long-term.”

Legal experts note these modifications could stretch processing times further, as applications require more extensive documentation. Backlogs for employment-based green cards already extend decades for Indian-born applicants due to per-country caps. The policy update threatens to compound these delays, potentially forcing many to abandon US ambitions altogether.

While the USCIS maintains that the changes modernize outdated regulations, immigrant advocacy groups promise legal challenges. The forthcoming months will prove critical for Indian professionals navigating this transformed immigration environment.

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