New US Bill Would Ease Green Card Path for Indian H-1B Visa Holders After Seven Years

Senator Padilla pushes for a rolling 7-year U.S. residency rule to grant green cards to millions, including H-1B holders, updating the 1972 registry cutoff.

Key Takeaways
  • Senator Alex Padilla proposes a rolling seven-year residence rule to modernize the outdated immigration registry system.
  • The bill could grant green cards to eight million people, including long-term Indian H-1B visa holders.
  • Applicants must maintain continuous U.S. residence and meet strict criminal background and moral character requirements.

Sen. Alex Padilla renewed a push July 27 for legislation that would replace the nation’s outdated immigration registry cutoff with a rolling seven-year residence rule. The proposal could open a new green card path for long-term Indian H-1B workers and other residents who have remained in the United States for years without reaching permanent residency.

The measure, called the Renewing Immigration Provisions of the Immigration Act of 1929, is moving under S. 2468 and H.R. 4696. It would amend Section 249 of the Immigration and Nationality Act, which governs registry-based applications for permanent residency.

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New US Bill Would Ease Green Card Path for Indian H-1B Visa Holders After Seven Years
New US Bill Would Ease Green Card Path for Indian H-1B Visa Holders After Seven Years

Padilla said Congress had left long-term residents waiting too long.

“Congress cannot continue to ignore millions of long-term residents who contribute to our economy and communities every day. It's past time to modernize our immigration laws and create a fair pathway to lawful permanent residency.”

The bill would not create an automatic approval. Applicants would need at least seven years of continuous residence before applying, a clean criminal record, good moral character and the other standard eligibility requirements for permanent residency.

The proposal would replace a cutoff unchanged since 1986

Current registry rules generally limit eligibility to people who entered the United States before January 1, 1972. Congress has not updated that date since 1986, making the provision largely unusable for more recent arrivals.

Padilla’s office cited government data showing that only 305 people adjusted status through registry between 2015 and 2019. The bill would replace the fixed entry date with a continuing residence test, allowing future applicants to qualify after meeting the seven-year threshold.

The change would reach beyond employment-based immigration. Estimates from the senator’s office put the potential population at up to 8 million people, including approximately 1 million Indian H-1B visa holders and their “Documented Dreamer” children who remain caught in backlogs.

Indian workers could avoid employment-based country caps

The proposal targets a problem that has kept many Indian professionals in temporary status despite long careers in the United States. Employment-based categories, including EB-2 and EB-3, operate under per-country limits that have produced estimated waits of 50–100 years for Indian nationals.

A qualifying worker who had lived in the United States for at least seven years could seek permanent residency through registry rather than waiting for an employment-based priority date to become current. The bill would therefore offer an alternative route to the existing quota system.

That route would also affect some children of H-1B workers. Many remain in H-4 status until they reach age 21, when they can age out of dependent status. A child who separately meets the seven-year residence requirement could apply for permanent residency under the proposed registry rules.

Padilla’s push follows a new adjustment-of-status policy

The legislative effort comes after a May 2026 USCIS policy memorandum, PM-602-0199, that treated adjustment of status as “extraordinary relief.” The policy concerns nonimmigrants who seek to obtain permanent residency without leaving the country.

Zach Kahler, a USCIS spokesman, described the administration’s position May 22:

“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. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes.”

Kahler later clarified the position May 29 after backlash from high-skilled workers. He said some applicants could still remain on their current path based on the economic benefit or national interest involved.

“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.”

The proposed registry would place eligibility in statute rather than leave it to that discretionary standard. A qualifying applicant would still need to satisfy the bill’s requirements and other permanent-residency rules, but the seven-year test would provide the legal basis for the application.

The bill also responds to broader immigration changes

Padilla renewed the measure after the One Big Beautiful Bill Act, H.R. 1, became law on July 4, 2025. That law introduced increased immigration fees, a remittance tax and stricter enforcement mandates for Immigration and Customs Enforcement and Customs and Border Protection.

The registry proposal is also framed as a response to restrictive executive actions. Its supporters say a statutory residence-based route would give long-term residents more certainty than case-by-case decisions under administrative policy.

The measure’s reach would depend on congressional action and the final statutory language. Its stated eligibility conditions include continuous residence, no criminal record, good moral character and compliance with the remaining requirements for permanent residency.

Padilla’s office identifies S. 2468 and H.R. 4696 as the legislative vehicles. The current registry rules appear in Part O, Chapter 4 of the USCIS Policy Manual, while Congress.gov contains the bill information and text.

People also ask

Answers from VisaVerge guides
Who would be eligible for the green card pathway under Senator Padilla’s bill?

The bill could help about 8 million undocumented immigrants, including DACA recipients, TPS holders, humanitarian parolees, and highly skilled workers.

Read: Senator Padilla Proposes Green Card Pathway for 8 Million Immigrants
How does Greene's bill affect permanent residency for H-1B holders?

Greene’s bill would eliminate the pathway to permanent residency and citizenship for H-1B holders, forcing visa holders to return home when their visa expires.

Read: Lawmakers Push to End H-1B Visas as GOP Divides Over Immigration
What specific impact does the new policy have on Indian nationals applying for Green Cards in 2025?

Most impact comes from broader changes like enhanced entry-exit biometrics, stricter residence reviews, and longer adjustment backlogs in EB-2 and EB-3.

Read: Green Card Changes in 2025: Biometric Entry-Exit and Reexaminations
What legislative efforts have been proposed to address the green card backlog for Indians?

Proposed solutions include increasing annual quotas, removing country caps, reclaiming unused quotas, and family exemptions, but none of these have succeeded in passing through Congress yet.

Read: Green Card Backlog for Indians: Current Wait Times in 2024
What changes were made to U.S. immigration policies in 2025 that affect Green Card holders?

The 2025 Immigration Rules increased scrutiny at U.S. borders, intensified documentation and intent requirements, and broadened the categories under which Green Card holders may face deportation.

Read: Green Card Holders Face Questions Over Timing of International Travel
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Shashank Singh

Shashank Singh reports on India and South Asia immigration for VisaVerge.com, with a strong focus on international students and the Indian diaspora — from F-1 study routes and student safety to news affecting Indians abroad and in the Gulf. He delivers timely, accurate coverage and presents complex developments in an accessible way. Shashank keeps VisaVerge's large South Asian readership at the forefront of the news that matters to them.

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