WASHINGTON — US Citizenship and Immigration Services (USCIS) issued a new policy memo last week requiring many foreigners already in the United States to leave the country and apply for green cards through consular processing in their home nations. The change affects applicants who previously could seek permanent residency from within the U.S. through a process known as adjustment of status (AOS).

A USCIS spokesperson told Semafor the agency “is merely restating and reasserting” its interpretation of congressional intent regarding immigration status changes. The spokesperson added, “While we work to operationalize this, 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 individualized circumstances.”

An Indian software engineer in Washington on an H-1B visa said he invested in the EB-5 investor program to expedite his green card after growing frustrated with processing delays for applicants from India. “While it’s unclear whether H-1B visa holders would have to go back for AOS, I got tired of the delays in green card processing for people from India and dumped a significant portion of my life savings in the EB-5 investor program in hopes of getting a green card faster … and finding stability for my family,” he said. He added that the new policy could undermine that plan. “It sounds like now we would have to go back [to] applying [through consular processing], which was the very benefit of EB-5 – I could apply concurrently if I was in the US. This would mean losing a job and selling our home and maybe not having enough money to restart lives here now that we have kids.”

A 26-year-old architectural designer from Hong Kong living in New York City on an H-1B visa said the change has disrupted his plans to marry his fiancé and settle permanently in the U.S. “I just got engaged with my fiance in Hong Kong and was planning to get married in the US and obtain a green card to continue our lives in the US. We were planning on getting an apartment together and perhaps starting a business,” he said. He added, “Now that the green card rules have changed, we are doubtful about starting and committing our life in New York City. The concern is how much the US can change their long-standing procedures and rules with simply a memo.” He also expressed concern about potential separation from his fiancé in the near future.