Before PM Modi's Visit, US Eases Green Card Eligibility Norms to Support Indian Tech Professionals

Key Points:

• The United States has announced the easing of green card eligibility norms ahead of Prime Minister Narendra Modi's visit, which is scheduled from June 21-24, 2023.
• The policy guidance was released by the US Citizenship and Immigration Services (USCIS) on June 19, 2023.
• The Biden administration's decision aims to provide relief to thousands of Indian technology professionals waiting for permanent residency in the US.
• The USCIS guidance focuses on Employment Authorization Document (EAD) applications in compelling circumstances, outlining the criteria for initial and renewal EADs.
• To qualify for an initial EAD based on compelling circumstances, applicants must meet certain requirements, including being the principal beneficiary of an approved Form I-140 and maintaining valid non-immigrant status.
• The USCIS will exercise discretion in determining eligibility based on compelling circumstances such as serious illness, disability, employer disputes, or significant harm.
• These policy changes are seen as a significant step towards assisting individuals facing challenging situations and ensuring their ability to work lawfully in the United States.
• The Foundation of India and Indian Diaspora Studies (FIIDS) has commended the USCIS for the move, stating that it will benefit a large number of Indian IT professionals.
• These eased eligibility norms for green cards mark a positive development for Indian professionals seeking permanent residency in the United States.
• Key Insight (LI): The Biden administration's decision to ease green card eligibility norms demonstrates a willingness to support Indian tech professionals and strengthen bilateral relations ahead of PM Modi's visit.

Summary:

The Biden administration, through the US Citizenship and Immigration Services (USCIS), has released policy guidance that outlines the criteria for Employment Authorization Document (EAD) applications in compelling circumstances. The focus is on facilitating initial and renewal EAD applications for Indian tech professionals. These professionals have been eagerly awaiting permanent residency, which the new policy aims to address.

In-Depth take by RemitAnalyst:

To qualify for an initial EAD based on compelling circumstances, applicants must meet specific requirements. These include being the principal beneficiary of an approved Form I-140, maintaining valid non-immigrant status or being within an authorized grace period, not having filed an adjustment of status application, and fulfilling biometrics and criminal background requirements.

The USCIS will exercise discretion in evaluating applicants' compelling circumstances, which may justify the issuance of employment authorization. This approach aims to assist individuals facing challenging situations, ensuring they can continue working legally in the United States.

Prominent community leader Ajay Bhutoria, an advocate for immigrant rights, emphasized the significance of these measures for individuals and their dependents facing serious illness or disability, employer disputes or retaliation, significant harm, or disruptions to employment. The USCIS's non-exhaustive list of qualifying circumstances allows applicants to present evidence supporting their case.

Moreover, individuals with approved immigrant visa petitions in oversubscribed categories or chargeability areas can submit evidence such as school or higher education enrollment records, mortgage records, or long-term lease records to demonstrate compelling circumstances. This provision is especially crucial for families facing potential home loss, withdrawal of children from school, or the need to return to their home country due to job loss.

The Foundation of India and Indian Diaspora Studies (FIIDS), an organization advocating for laid-off H1-B workers, has lauded the USCIS for this positive step. It is expected to greatly benefit a large number of Indian IT professionals who have been awaiting permanent residency in the United States.

Conclusion:

The easing of green card eligibility norms by the United States prior to Prime Minister Modi's visit signifies a positive development for Indian tech professionals. This policy change opens up new avenues for career growth and stability, providing relief to individuals and their families who have been navigating the complex immigration system. As PM Modi engages in talks with US officials during his visit, this announcement is likely to foster stronger ties between the two nations and enhance opportunities for collaboration in the tech sector.