Finance
The Biden administration has relaxed rules by issuing policy guidelines on the qualifying criteria for those waiting for green cards to work and live in the United States, just days before Prime Minister Narendra Modi’s arrival.
Prime Minister Modi will be in the United States from June 21 to June 24, at the invitation of US President Joe Biden and First Lady Jill Biden.
On June 22, they will host Modi at a state supper.
The visit will also feature a speech before the Joint Session of Congress on June 22. The US Citizenship and Immigration Services (USCIS) guidance on the eligibility requirements for original and renewal applications for Employment Authorization Document (EAD) in compelling circumstances is expected to assist thousands of Indian technology professionals who are in the agonisingly long wait for a Green Card or permanent residency.
A Green Card, also known as a Permanent Resident Card, is a document issued to immigrants to the United States as proof that the bearer has been granted the right to reside permanently.
Each year, around 140,000 employment-based green cards are issued under immigration rules.
However, only 7% of those green cards can be granted to citizens from a single country each year.
The USCIS guidance specifies the standards that applicants must meet in order to be considered for an initial EAD based on compelling circumstances.
Being the primary beneficiary of an approved Form I-140, being in valid non-immigrant status or an authorized grace period, not having filed an adjustment of status application, and meeting specific biometrics and criminal background standards are among them.
Further, USCIS will exercise discretion to determine whether an applicant demonstrates compelling circumstances justifying the issuance of employment authorisation.
“These measures are a significant step towards supporting individuals facing challenging situations and ensuring their ability to work lawfully in the United States,” said Ajay Bhutoria, a prominent community leader and advocate for immigrant rights. 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.
Bhutoria said the non-exhaustive list of qualifying circumstances, as provided by USCIS, offers individuals 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 like school or higher education enrollment records, mortgage records, or long-term lease records to demonstrate compelling circumstances,” he said.
This option can be critical in instances where families face the loss of their house, the withdrawal of their children from school, or the necessity to migrate to their home country owing to job loss, according to Bhutoria.
The Foundation for India and Indian Diaspora Studies (FIIDS), which has been lobbying for laid-off H1-B workers, praised USCIS for adopting such an important action that will benefit a huge number of Indian IT professionals.
“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.
Source:IE
