USCIS extends work permit validity to five years for Asylum Seekers &Green Card hopefuls

In a development set to have a substantial impact on thousands of Indian residents in the United States, the US Citizenship and Immigration Services (USCIS) has announced the extension of Employment Authorization Documents (EAD) for certain non-citizens. The USCIS has decided to increase the maximum validity of EADs to five years, applicable to both initial applications and renewals. This extension primarily targets non-citizens in specific categories who require employment authorization.

Who Qualifies? The eligible categories include individuals seeking asylum or withholding of removal, those pursuing adjustment of status under INA 245, and those involved in suspension of deportation or cancellation of removal. This decision aims to significantly reduce the number of new Forms I-765, Application for Employment Authorization, submitted for EAD renewals in the coming years. This step is part of the USCIS’s broader effort to streamline processing times and reduce backlogs.

However, it’s important to note that the duration of employment authorization depends on the individual’s underlying status, specific circumstances, and the category under which they filed for an EAD. For instance, if an individual obtains an EAD based on a pending adjustment of status application for the maximum five-year period and subsequently has their adjustment application denied, their associated employment authorization may expire before the date mentioned on their EAD.

Unprecedented Backlog This development is particularly significant for the Indian community in the United States. A recent study reveals that over 1.05 million Indians are in the queue for an employment-based Green Card, and a concerning 400,000 of them may not live to see the long-awaited Permanent Resident Card, a critical document signifying their permanent residence in the US. Numerical restrictions based on per-country caps dictate the issuance of green cards to individuals from specific nations.

The study, conducted by David J Bier of the Cato Institute, an American libertarian think tank, underscores the severity of the employment-based Green Card backlog, which has reached an all-time high of 1.8 million cases this year. A substantial 63 percent of these cases are attributed to India, amounting to approximately 1.1 million individuals. Meanwhile, around 14 percent, or nearly 250,000 cases, come from China.

A Glimmer of Hope The recent decision to extend the validity of EADs offers a ray of hope to the Indian community waiting for the coveted Green Card. It is expected that this initiative will help alleviate some of the challenges they face on their journey toward obtaining permanent residency in the United States.