The US has eased norms for those waiting for green cards to work and stay in America just days ahead of Prime Minister Narendra Modi’s visit to the US.
A Green Card is issued to immigrants to the US which gives them the privilege of residing permanently.
US Citizenship and Immigration Services (USCIS) released new guidelines regarding eligibility criteria for initial and renewal applications for Employment Authorisation Document (EAD).
This is expected to help Indian technology professionals seeking Green Card or permanent residency.
New guidelines
An initial EAD is issued based on compelling circumstances which include:
- Being the principal beneficiary of an approved Form I-140
- Being in valid non-immigrant status or authorised grace period
- Not having filed an adjustment of status application
- Meeting certain biometrics and criminal background requirements
Apart from these, USCIS will exercise discretion to determine whether an applicant demonstrates these circumstances justifying the issuance of employment authorisation.
Opportunity to present evidence
Ajay Bhutoria, a prominent community leader and advocate for immigrant rights said the non-exhaustive list of qualifying circumstances, as provided by USCIS, offers individuals an opportunity to present evidence supporting their case.
“Individuals with approved immigrant visa petitions in oversubscribed categories or chargeability areas may submit evidence like school or higher education enrollment records, mortgage records, or long-term lease records to demonstrate compelling circumstances,” he said.
“These measures are a significant step towards supporting individuals facing challenging situations and ensuring their ability to work lawfully in the United States,” said Bhutoria.
Helping those facing challenging situations
He highlighted the importance of these measures for individuals and their dependents who find themselves in challenging situations such as serious illness or disability, employer disputes or retaliation, significant harm, or disruptions to employment.
“This provision can prove crucial in situations where families face the potential loss of their home, withdrawal of children from school, or the need to relocate to their home country due to job loss,” he said.
Foundation of India and Indian Diaspora Studies (FIIDS), praised USCIS for implementing a provision that supports laid-off H1-B workers.
“I really feel proud that a sustained advocacy for more than six months started reflecting in considerations and adjustments by USCIS,” said Khanderao Kand from FIIDS.
