In a significant development, the US Citizenship and Immigration Services (USCIS) has announced an update that has the potential to benefit many Indians, especially those waiting for US green cards. The latest development reveals that the US will now offer employment authorization cards with a five-year validity to some non-immigrant categories, including individuals in the green card application process.
The USCIS has extended the maximum validity period of Employment Authorization Documents (EAD) to five years for both initial and renewal EADs for specific non-citizens who require employment authorization. These non-citizens include applicants for asylum or withholding of removal, those applying for adjustment of status under INA 245, and individuals seeking suspension of deportation or cancellation of removal, as mentioned by the federal agency.
This extension of EAD validity to five years is part of the USCIS’s efforts to streamline its processes, reduce the number of new Forms I-765, and alleviate associated processing times and backlogs.
The USCIS emphasizes that whether a noncitizen maintains their employment authorization depends on their underlying status, circumstances, and the category under which they applied for the EAD.
For example, if an individual receives an EAD based on a pending adjustment of status application and is granted the maximum validity period of five years, but their adjustment application is subsequently denied, their ancillary employment authorization might be terminated before the expiration date printed on their EAD.
It’s essential to note that more than 1.05 million Indians are currently waiting for employment-based Green Cards, and approximately 400,000 of them may pass away before they receive their long-awaited legal permanent residency documents in the United States.
What is a Green Card?
A Green Card, officially known as a Permanent Resident Card, serves as documentation issued to immigrants in the United States, indicating that the holder has been granted the privilege of residing permanently within the country. Per-country caps are numerical limits imposed on the issuance of Green Cards to individuals from specific countries.
The backlog for employment-based Green Cards reached a new high this year, with approximately 1.8 million cases awaiting processing. A study conducted by David J. Bier of the Cato Institute, an American libertarian think tank, reported that out of the 1.8 million cases in the backlog, over 1.1 million (approximately 63%) are from India. An additional 250,000 cases (about 14%) are from China. The growing backlog reflects the challenges faced by immigrants in obtaining permanent residency through employment-based Green Cards in the United States.
