US Green Card eligibility criteria eased. How new rules can help thousands of Indian tech professionals

The Biden administration has announced a relaxation of the green card eligibility criteria, enabling individuals awaiting green cards to work and remain in the United States. The US Citizenship and Immigration Services (USCIS) has issued guidance outlining the criteria for initial and renewal applications for Employment Authorization Documents (EAD) under compelling circumstances. This move is expected to benefit numerous Indian technology professionals who have been enduring lengthy waits for green cards or permanent residency.

The US issues around 140,000 employment-based green cards annually to immigrants. However, there is a seven percent cap on the number of green cards that can be given to individuals from any single country. This limit, known as the per-country limit, is in place to ensure diversity in the allocation of green cards and prevent any one country from dominating the process.

Check the new norms here: 

The USCIS guidance outlines specific requirements that applicants must meet to be eligible for an initial EAD based on compelling circumstances.

These include being the principal beneficiary of an approved Form I-140, being in valid non-immigrant status or authorised grace period, not having filed an adjustment of status application, and meeting certain biometrics and criminal background requirements.

Further, USCIS will exercise discretion to determine whether an applicant demonstrates compelling circumstances justifying the issuance of employment authorisation.

“These measures are a significant step towards supporting individuals facing challenging situations and ensuring their ability to work lawfully in the United States,” said Ajay Bhutoria, a prominent community leader and advocate for immigrant rights.

He highlighted the importance of these measures for individuals and their dependents who find themselves in challenging situations such as serious illness or disability, employer disputes or retaliation, significant harm, or disruptions to employment.

Bhutoria said the non-exhaustive list of qualifying circumstances, as provided by USCIS, offers individuals an opportunity to present evidence supporting their case.

“For instance, individuals with approved immigrant visa petitions in oversubscribed categories or chargeability areas may submit evidence like school or higher education enrollment records, mortgage records, or long-term lease records to demonstrate compelling circumstances,” he said.

The Foundation of India and Indian Diaspora Studies (FIIDS) praised USCIS for implementing a provision that supports laid-off H1-B workers. This move is crucial for families facing home loss, school withdrawal, or the need to relocate due to job loss, benefiting many Indian IT professionals.

“I really feel proud that a sustained advocacy for more than six months started reflecting in considerations and adjustments by USCIS,” said Khanderao Kand from FIIDS.

(With PTI inputs)