In a significant development that will particularly benefit Indians eagerly awaiting their US green cards, the US Citizenship and Immigration Services (USCIS) has announced a major update. Under this new provision, the United States will now issue Employment Authorization Documents (EAD) with a five-year validity to specific non-immigrant categories, which includes individuals in the queue for green cards. This change in EAD duration represents a promising step towards streamlining the immigration process and tackling the extensive backlog of green card applications.
Extending EAD Validity
The USCIS has made this change by increasing the maximum validity period for Employment Authorization Documents (EAD) to five years, both for initial applications and renewals. The extended validity applies to certain non-citizens who are required to request employment authorization. These categories encompass applicants seeking asylum or withholding of removal, those pursuing adjustment of status under INA 245, and individuals facing suspension of deportation or cancellation of removal.
Reducing Backlogs and Processing Times
This pivotal shift in EAD duration is a part of the USCIS’s broader strategy to expedite immigration procedures and mitigate processing backlogs. By extending EAD validity to five years, the agency aims to minimise the need for new Forms I-765, ultimately contributing to a reduction in associated processing times and backlog clearance.
According to the USCIS, the continuity of employment authorization for non-citizens will remain contingent upon their underlying status, individual circumstances, and the specific EAD filing category. For instance, if an individual receives an EAD based on a pending adjustment of status application and this application is later denied, their associated employment authorization may be terminated before the expiration date indicated on their EAD.
Green Card Waitlist
The green card, officially known as the Permanent Resident Card, is a document granted to immigrants in the US as proof that they have been given the privilege of permanent residence in the country. However, there have been significant challenges associated with obtaining green cards, especially for those seeking employment-based green cards.
Presently, more than 1.05 million Indians find themselves in the queue for an employment-based Green Card, and shockingly, 400,000 of them may pass away before receiving this highly sought-after document granting permanent residency in the United States.
Understanding the Green Card Backlog
The employment-based Green Card backlog has reached an alarming figure of 1.8 million cases this year. A study conducted by David J Bier of the Cato Institute, a prominent American libertarian think tank, revealed this record backlog. Of the 1.8 million cases in the backlog, a staggering 63% or approximately 1.1 million are Indian applicants, with an additional 14% or nearly 250,000 coming from China, as reported by the think tank.
The extension of Employment Authorization Document validity to five years by the USCIS signifies a significant development for those awaiting green cards in the United States, especially for the large Indian community in the queue. While the green card backlog remains a formidable challenge, this move is a positive step towards easing the journey to permanent residency for many aspiring immigrants. It also reflects the ongoing efforts to reform the immigration system and address the lengthy waiting times and backlogs.
