US Relaxes Norms Regarding Green Card Candidates’ Eligibility Criteria

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.

US President Joe Biden and First Lady Jill Biden have invited Prime Minister Narendra Modi to visit the US from June 21 to June 24. On June 22, they will welcome Prime Minister Modi at a state banquet.

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 criteria for initial and renewal applications for Employment Authorisation Document (EAD) in compelling circumstances is expected to assist thousands of Indian technology professionals who have been waiting for a Green Card or permanent residency for an excruciatingly long time.

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 authorized Form I-140, being in a valid non-immigrant status or a permitted grace period, not having filed an adjustment of status application, and meeting specific biometrics and criminal background standards are among them.

Furthermore, USCIS will use its discretion to decide whether an applicant’s compelling circumstances warrant the issuance of employment authorization.

“These measures are an important step towards assisting individuals in difficult situations and ensuring their ability to work lawfully in the United States”, said Ajay Bhutoria, a prominent community leader and immigrant rights advocate.

He emphasized the necessity of these measures for persons and their dependents who are facing difficult conditions such as serious illness or disability, employer disputes or retribution, significant harm, or job disruptions.

Mr. Bhutoria stated that the non-exhaustive list of qualifying circumstances offered by USCIS allows individuals to present evidence to support their case.

Mr. Bhutoria noted that this option can be critical in cases where families face the potential loss of their house, the withdrawal of their children from school, or the necessity to migrate to their home country owing to job loss.

“For instance, individuals with approved immigrant visa petitions in oversubscribed categories or changeability areas may submit evidence like school or higher education enrollment records, mortgage records, or long-term lease records to demonstrate compelling circumstances”, Mr. Bhutoria added.

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 am extremely proud that my sustained advocacy for more than six months has begun to reflect in USCIS considerations and adjustments”, stated Khanderao Kand of FIIDS.

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