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www.newsindiatimes.com – that’s all you need to know News India Times (May 30, 2026 - June 5, 2026) June 5, 2026 8 Immigration The policy could have particularly significant consequences for employment-based Green Card applicants, many of whom have traditionally relied on adjustment of status (AOS) while continu- ing to live and work legally in the U.S. There is a large number of Indian immigrants who stand to face significant disruption and delay because of this policy shift. T he United States and India signed an important agreement on critical minerals cooperation May 26, 2026 in New Delhi, at a meeting of Secretary of State Marco Rubio and India’s External Affairs Minister Subramanyam Jaishankar. The pathway to permanent residency in the United States or Green Cards could become significantly more difficult for thousands of South Asian and other im- migrants currently living and working here because of a newly announced immigration policy. The memorandum from the U.S. Citizenship and Im- migration Services (USCIS) announced on May 22 could mark one of the most consequential procedural changes to the employment-based immigration system in recent years, much like the $100,000 H1B fee announcement last year. The memo reiterates what the USCIS describes as the “original intent” of immigration law: foreign nationals seeking lawful permanent residence should generally pursue immigrant visa processing through U.S. consul- ates abroad rather than adjusting status from within the United States. Under the updated guidance, USCIS officers are instructed to evaluate adjustment-of-status requests on a case-by-case basis and grant such relief only in “extraor- dinary circumstances.” “We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” USCIS spokesman Zach Kahler said in the agency statement. “From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.” The agency stated that the change is intended to dis- courage visa overstays and ensure that temporary visas are used only for their intended short-term purposes. The USCIS also argued that shifting more immigrant visa processing to the Department of State would free agency resources to focus on other priorities, including natural- ization applications and humanitarian cases. Curiously though, the USCIS does not seem to have taken into consideration the fact that U.S. diplomatic missions abroad, particularly in a country like India, are already overburdened and this policy change could make their task even more demanding. EMPLOYMENT-BASED APPLICANTS MAY FEEL GREATEST IMPACT Whether intentional or unintentional, the policy could have particularly significant consequences for employ- ment-based Green Card applicants, many of whom have traditionally relied on adjustment of status (AOS) while continuing to live and work legally in the U.S. There is a large number of Indian immigrants who stand to face sig- nificant disruption and delay because of this policy shift. Current immigration trends indicate that the over- whelming majority of employment-based Green Cards are completed through adjustment of status rather than consular processing. For many skilled workers already employed in the U.S., the ability to remain in the country during the final stages of Green Card processing has been a central feature of the employment-based immigration system. The new guidance may create a distinction between applicants who can demonstrate humanitarian or extraordinary circumstances and those pursuing employ- ment-based permanent residency through conventional legal channels. While certain applicants could potentially qualify for exceptions due to safety or persecution-related concerns in their home countries, employment-based applicants may face greater difficulty establishing eligibil- ity for such exemptions. CONCERNS OVER CONSULAR PROCESSING DELAYS The announcement also raises questions about the operational capacity of U.S. consulates overseas, many of which continue to face substantial visa appointment backlogs and staffing challenges. If a larger number of employment-based applicants are required to leave the U.S. for immigrant visa inter- views abroad, consular wait times could increase further. Applicants may also face prolonged administrative processing or delays in visa issuance, potentially leaving workers and their families stranded outside the United States for uncertain periods. Such disruptions could affect not only immigrants themselves, but also U.S. employers who depend on highly skilled foreign workers in industries such as tech- nology, healthcare, engineering, and research. INCREASED DISCRETION FOR IMMIGRATION OFFICERS Another notable aspect of the memorandum is the broader discretion granted to both USCIS officers and consular officials abroad. The policy directs officers to review applications indi- vidually and consider “all relevant factors and informa- tion” when determining whether adjustment of status should be permitted from within the United States. Greater discretionary authority may lead to increased uncertainty for applicants, particularly in employment- based cases where outcomes could vary depending on how officers interpret “extraordinary circumstances.” For decades, adjustment of status has provided a stable pathway for skilled workers to transition from tem- porary visas to permanent residence without interrupting their employment or uprooting their families. Greater discretionary authority may lead to increased uncertainty for applicants, particularly in employment-based cases where outcomes could vary depending on how officers interpret “extraordinary circumstances.” (The writer is a Silicon Valley-based immigration attorney and CPA specializing in domestic and international corporate tax plan- ning. Views expressed are personal. He can be reached at bha- tia@bhatiaco.com ) -Used under special arrangementwith South Asia Monitor By Neeraj Bhatia US Immigration Policy Change Could Adversely Affect Indians, South Asians Seeking Employment-Based Green Cards PHOTO:REPRESENTATIONAL PHOTO/ SAM Trump Admin, Indian Govt Set To Take Nations To ‘New Highs’: WH Spokesperson Kush Desai W hite House Spokesperson Kush Desai reaffirmed US President Donald Trump’s priority to the strategic partnership with India, mentioning the phone call moment with US Ambas- sador Sergio Gor and underlining the importance of US State Secretary Marco Rubio’s four-day visit to India. Speaking with ANI May 27, 2026, De- sai said that the Trump administration and the Indian government are set to take the two countries to new highs. “President Trump has consistently underscored his support for America’s strategic partnership with India, includ- ing on speaker phone with Ambassador Gor just days ago during an America 250 celebration in New Delhi,” he told ANI. Desai was referring to the direct mo- ment of diplomacy when Sergio Gor placed his telephone against a micro- phone during grand celebrations marking the 250th anniversary of America’s inde- pendence, allowing the gathered dignitar- ies to hear Trump’s live address. “I just want to say hello to everybody. I love the Prime Minister. (Narendra) Modi is great, he is my friend, and I just want to say a very good evening to everybody,” Trump said during the call, reiterating, “I am a big, big fan of Prime Minister Modi.” Kush Desai also said that Marco Rubio’s “landmark” visit to India was built on Trump’s push to “expand bilateral ties and cooperation. Noting the outcome of the visit, he mentioned that PMModi and Trump have a “close friendship”, which is focused on both countries’ growth. “Secretary Rubio’s landmark visit to In- dia built on the President’s push to expand bilateral ties and cooperation on trade and national security, including with the sign- ing of a historic MOU on critical minerals. President Trump and Prime Minister Modi have a close friendship, and under their leadership, the Trump administration and the Indian government are set to take our two countries to new highs,” he said. -ANI PHOTO:COURTESY ANI White House spokesperson Kush Desai. US-India