The recent decision by the US Citizenship and Immigration Services (USCIS) to extend the Employment Authorization Documents (EAD) validity period promises to be a beacon of hope for numerous Indians residing in the US. This extension, applicable for both new and renewal EADs, aims to alleviate the pressure of frequent renewals for those in the throes of the Green Card application process, among other immigration categories. While this might not directly expedite their path to permanent residency, it certainly eases their journey by offering a more extended employment authorization window.
EAD: What’s the New Change?
Previously, non-citizens, including many Indians, had to renew their EADs quite frequently. Now, USCIS has increased the validity period for both new and renewal EADs to 5 years for specific non-citizen groups. This change will help those who need to get permission to work in the US.
Who Does This Affect?
The change in the Employment Authorization Documents validity period mainly benefits those:
- Applying for asylum or those who need to avoid being removed from the US.
- Trying to change their status based on INA 245.
- Seeking to stop deportation or removal.
USCIS believes this new rule will reduce the number of renewal applications they receive. This could lead to faster processing times and smaller backlogs.
However, it’s crucial to remember that just because a person has a 5-year EAD doesn’t mean they can always work for 5 years. The real duration they can work depends on their specific situation and EAD category.
For example, if someone has a 5-year EAD because they’re waiting for a change in their status, and their application is denied, they might lose their right to work even if their EAD hasn’t expired.
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The Green Card Situation
A significant number of Indians in the US are waiting for their Green Cards. A Green Card lets an immigrant live in the US permanently.
A recent study highlighted that:
- Over 10.5 lakh (1.05 million) Indians are waiting for an employment-based Green Card.
- Sadly, 4 lakh (400,000) of them might never get one in their lifetime.
This is due to caps on how many Green Cards can be given to people from each country.
In 2023, the number of people waiting for an employment-based Green Card reached a new high of 1.8 million. Most of these people, about 63% or 1.1 million, are from India. China has the second-highest number of people waiting, with nearly 250,000, making up 14%.
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This move by the US government, extending the Employment Authorization Documents validity period, is a positive step for many Indians in the US. While it doesn’t solve the Green Card backlog issue, it does provide some relief to those awaiting their permanent residency. This change shows that steps are being taken to make the immigration process smoother, benefiting many in the long run.
