GREEN CARD - INTERNATIONAL
News: U.S.
eases norms on eligibility criteria for Indians awaiting Green Card
What's in the news?
● The
Biden administration has eased norms by releasing policy guidance on the
eligibility criteria for those waiting for green
cards to work and stay in America, days ahead of Prime Minister Narendra
Modi's visit to the US.
Key takeaways:
● The
guidance issued by the U.S. Citizenship
and Immigration Services (USCIS) regarding the eligibility criteria for
initial and renewal applications for Employment Authorization Document (EAD) in
compelling circumstances is expected to help thousands of Indian technology professionals
who are in the agonizingly long wait for a Green Card or permanent residency.
● Foundation
of India and Indian Diaspora Studies (FIIDS), which has been advocating for
laid-off H1-B workers, applauded USCIS for taking such a step that would help a
large number of Indian IT professionals.
Green Card:
● A
Green Card, known officially as a Permanent
Resident Card, is a document issued to immigrants
to the U.S. as evidence that the bearer has been granted the privilege of
residing permanently.
Features:
● Immigration
law provides for approximately 1,40,000
employment-based green cards to be issued each year.
● However, only 7% of those
green cards can go to individuals from a single country annually.
Conditions:
The
USCIS guidance outlines specific requirements that applicants must to be
eligible for an initial EAD based on compelling circumstances. These includes
● Being
the principal beneficiary of an approved Form I-140.
● Being
in valid non-immigrant status or authorized grace period.
● Not
having filed an adjustment of status application.
● Meeting
certain biometrics and criminal background requirements.
● Further,
USCIS will exercise discretion to determine whether an applicant demonstrates
compelling circumstances justifying the issuance of employment authorization.
Importance of the announcement:
● These
measures are a significant step towards supporting individuals facing
challenging situations and ensuring their ability to work lawfully in the United States.
● 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.
● 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.
● 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, Bhutoria added.