- Friday, February 28, 2025
A green card, formally known as a Permanent Resident Card, is a document granted to immigrants as evidence of their authorised permanent residency in the US.
By: India Weekly Staff
AHEAD OF Indian prime minister Narendra Modi’s visit to the US, the Joe Biden administration has released policy guidance that eases eligibility criteria for individuals waiting for green cards to work and reside in America. Modi is scheduled to visit the US from June 21-24 at the invitation of Biden and first lady Jill Biden, with a state dinner and an address to the joint session of the Congress on the agenda.
The guidance, issued by the US Citizenship and Immigration Services (USCIS), specifically focuses on the eligibility criteria for initial and renewal applications for the Employment Authorization Document (EAD) in compelling circumstances. This development is expected to benefit numerous Indian technology professionals who have been enduring prolonged waits for their green cards or permanent residency.
A green card, formally known as a Permanent Resident Card, is a document granted to immigrants as evidence of their authorised permanent residency in the United States. The immigration law allows for approximately 140,000 employment-based green cards to be issued annually. However, only a maximum of seven per cent of these green cards can be allotted to individuals from a single country each year.
The USCIS guidance outlines specific requirements that applicants must meet to be eligible for an initial EAD based on compelling circumstances. These requirements include being the principal beneficiary of an approved Form I-140, maintaining valid non-immigrant status or an authorized grace period, not having filed an adjustment of status application, and meeting certain biometrics and criminal background requirements. Additionally, USCIS will exercise discretion in assessing whether an applicant demonstrates compelling circumstances justifying the issuance of employment authorization.
Ajay Bhutoria, a prominent community leader and advocate for immigrant rights, hailed these measures as a significant step toward supporting individuals facing challenging situations and ensuring their ability to work lawfully in the US. He emphasised their importance for individuals and their dependents grappling with circumstances such as serious illness, disability, employer disputes or retaliation, significant harm, or disruptions to employment.
Bhutoria also highlighted the non-exhaustive list of qualifying circumstances provided by USCIS, which provides individuals with an opportunity to present evidence supporting their case. For instance, individuals with approved immigrant visa petitions in oversubscribed categories or chargeability areas may submit evidence such as school or higher education enrollment records, mortgage records, or long-term lease records to demonstrate compelling circumstances. This provision proves 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.
The Foundation of India and Indian Diaspora Studies (FIIDS), which has been advocating for laid-off H-1B workers, expressed its appreciation for USCIS taking this step that will benefit a significant number of Indian IT professionals. Khanderao Kand from FIIDS expressed pride in the sustained advocacy efforts over the past six months, which have resulted in considerations and adjustments by USCIS.
(With agency inputs)
