Washington - In a development with positive implications for numerous Indian residents in the United States, the country has announced the issuance of employment authorization cards with a five-year validity period. This extended period of validity also applies to individuals awaiting green cards.
The US Citizenship and Immigration Services (USCIS) declared its decision to extend the maximum validity duration of Employment Authorization Documents (EAD) to five years for both initial and renewed EADs. This change specifically benefits certain non-citizens who are required to apply for employment authorization.
The eligible categories encompass individuals seeking asylum or withholding of removal, those pursuing an adjustment of status under the Immigration and Nationality Act (INA) Section 245, as well as those in the process of suspension of deportation or cancellation of removal, as indicated by the federal agency.
The USCIS outlined its intention behind this adjustment, stating that increasing the maximum EAD validity period to five years aims to significantly reduce the influx of new Forms I-765, Application for Employment Authorization, submitted for EAD renewals over the following years. This move is part of the agency's broader efforts to alleviate processing times and reduce associated backlogs.
Nevertheless, the maintenance of employment authorization by non-citizens is contingent on their underlying status, individual circumstances, and the category under which they filed for EAD.
For example, if an individual was granted an EAD based on a pending adjustment of status application for the full five-year validity period and subsequently has their adjustment application denied, their secondary employment authorization may be terminated prior to the expiration date specified on their EAD, as clarified by the federal agency.
A recent study has illuminated the extensive backlog of over 1.05 million Indians awaiting employment-based Green Cards, with a grim estimate that 400,000 of them may pass away before receiving the coveted legal document granting permanent residency in the US.
A Green Card, formally known as a Permanent Resident Card, serves as official proof that the bearer has been granted the privilege of permanent residence in the United States. The study by David J. Bier of the Cato Institute, an American libertarian think tank, revealed a record-breaking employment-based green card backlog of 1.8 million cases this year. The backlog is dominated by Indian applicants, comprising 63% of the total, with China accounting for nearly 14%.