Green Card Freeze Alarms H‑1B Holders

Hyderabad: The Trump administration has paused processing of green card applications, including adjustment-of-status petitions, sparking concern among H-1B visa holders relying on the American Competitiveness in the 21st Century Act (AC21) to extend their work authorisation beyond the six-year cap.

Under AC21, H-1B holders may remain in the United States while their green card applications are pending. The law provides two key provisions: a one-year extension if the application has been pending for at least 365 days, and a three-year extension if the applicant’s I-140 has been approved but their priority date has not yet become current.

But as green card applications are being put on hold, many applicants fear that their application might not be processed before the 365‑day threshold, leading to cancellation of their visas. This could not only undermine the power of AC21 extensions, but could also lead to H-1B applicants having to leave the country despite being eligible under existing law.
Reports indicate that the United States Citizenship and Immigration Services (USCIS) is enforcing a tougher stance across the board, with increased requests for evidence (RFEs), notices of intent to deny and longer processing times for all visa categories, including H‑1B and associated petitions.

Companies and employers are reacting to the pause, and many are advising H‑1B staff to avoid travel abroad, fearing visa denials or problems re‑entering the country.“My manager told me not to leave the States until my green card is approved,” said Priyansh Kumar, a native of Hyderabad and presently working in Silicon Valley. “Because of all the restrictions, the company fears the government may not allow me back if I leave the country,” he added.

Dinesh Makkula, a consultant, said, “It will be really problematic for applicants who opted for a one-year AC21 extension on their H-1B. If their green card does not get approved before their AC21 expires, they might have to return to India.”
Although AC21 remains a law enacted by Congress and cannot be changed through executive action, its practical implementation depends on the timely processing of the green card applications. If green cards are paused or slowed indefinitely, the system that AC21 depends on may be rendered ineffective in practice.