Trump Green Card Review 2026: What EB-3 Applicants & H-1B Holders Must Know Now
Trump's expanded Green Card review process is raising concerns for Indian tech workers on H-1B, EB-2, and EB-3 visas, with new scrutiny applied to pending and recently approved cases.
The Trump administration has initiated a sweeping review of Green Card approvals, creating uncertainty for thousands of Indian nationals currently in the H-1B, EB-2, and EB-3 employment-based immigration pipelines. The review targets cases approved or adjudicated under previous administrative policies, adding an additional layer of scrutiny that could affect pending I-485 adjustment-of-status applications. For EB-3 applicants — including skilled workers, professionals, and unskilled workers — the review introduces potential delays at the final stages of the Green Card process. Indian nationals face the longest backlogs due to per-country limits, and any administrative hold on approvals further extends already decade-long waits for many applicants in the EB-3 Other Workers category. H-1B visa holders in the EB-2 and EB-3 queues are particularly vulnerable, as their legal status is tied to employer sponsorship. If employment changes or sponsorship lapses during an extended review period, applicants may lose their priority dates or face status complications. Immigration attorneys are advising clients to ensure all supporting documentation is current and that employers remain committed to sponsorship. Staying proactive and maintaining lawful status throughout the process is critical during this period of administrative uncertainty.
A January 2025 H-1B modernization rule now allows H-1B professionals to transfer their visa sponsorship to a startup they own or control, removing the prior barrier of founder ownership disqualifying a petition.
USCIS has closed the FY2027 H-1B cap at 85,000 visas with no second lottery. A new wage-weighted selection system cut registrations by 38.5%, favoring higher-paid roles. Employers are now urged to pursue EB-3 and other permanent residence pathways.
USCIS has officially rescinded its 2022 Public Charge regulation, reverting to prior standards. This policy shift directly affects green card applicants, including EB-3 workers, regarding government benefit usage assessments.