US Extends Work Permits for Certain Non-immigrants to Five Years

In a significant development, the United States has expanded the duration of Employment Authorization Documents (EADs) for certain non-immigrant categories, offering a five-year validity period. This announcement is expected to bring substantial relief to thousands of Indian nationals residing in the United States.

The U.S. Citizenship and Immigration Services (USCIS) has confirmed the following non-immigrant categories will be eligible for five-year EADs:

• Applicants for asylum or withholding of removal
• Applicants for adjustment of status under INA 245
• Applicants for suspension of deportation or cancellation of removal

Employment Authorization Document (EAD)

An Employment Authorization Document (EAD) is a work permit issued by the US government to noncitizens who are authorized to work in the United States. EADs are typically issued to noncitizens who are in the process of applying for permanent residency or other immigration benefits.

Key Changes and Impact on Non-Citizens

With this new development, the maximum validity period of EADs for initial and renewal applications will be set at five years.

However, it’s essential to note that the non-citizen’s ability to maintain employment authorization will continue to depend on their underlying status, individual circumstances, and EAD filing category.

For instance, if an individual receives an EAD based on a pending adjustment of status application for the maximum five-year validity period and their adjustment application is subsequently denied, their ancillary employment authorization may be terminated before the expiration date listed on their EAD.

Also Read US Visa Wait Times: Get an Appointment in a Week for These Categories

Addressing the Green Card Backlog

This policy change comes at a crucial time as more than 1.05 million Indians are currently waiting in the queue for an employment-based Green Card, and a startling statistic suggests that 400,000 of them may pass away before securing this much-sought-after document granting permanent residency in the United States.

Officially known as a Permanent Resident Card, a Green Card symbolizes the privilege of residing permanently in the U.S. The per-country caps, which are numerical limits on the issuance of green cards to individuals from specific countries, have exacerbated the employment-based Green Card backlog.

This news comes as a relief to many Indians living in the United States who are waiting for green cards.

According to a new study, more than 10.5 lakh Indians are in the queue for an employment-based Green Card and 4 lakh of them may die before they receive the much-sought-after legal document of permanent residency in the US.

The study further indicated that the majority of the backlog, around 63%, is represented by Indian nationals, while approximately 14% of the cases are from China.

Conclusion

The extension of EAD validity to five years is expected to alleviate some of the challenges faced by non-citizens waiting for their Green Cards and make the process more efficient.

While it may provide respite for many, the pressing issue of the Green Card backlog, particularly for Indian and Chinese applicants, remains a topic of concern, warranting further reform and attention from policymakers.