Article Summary

The Biden administration, through USCIS, has issued new policy guidance easing eligibility criteria for Employment Authorization Documents (EAD) for individuals awaiting Green Cards. This guidance allows principal beneficiaries of approved I-140 petitions to apply for initial or renewal EADs under 'compelling circumstances.' The policy aims to assist thousands, particularly Indian technology professionals, facing long Green Card backlogs and potential job disruptions.

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This guidance directly addresses the precarity faced by many skilled workers, particularly those from countries like India and China, who are stuck in multi-decade Green Card backlogs. It mitigates the risk of losing legal status and employment due to unforeseen circumstances, thereby enhancing career stability for individuals and retaining skilled talent for employers.

Previously, obtaining an EAD outside of a filed Adjustment of Status application or specific humanitarian programs was significantly more challenging, leaving many I-140 approved individuals vulnerable to status issues if their non-immigrant visa (e.g., H-1B) was jeopardized. This new flexibility provides a much-needed safety net, allowing individuals to navigate personal or professional crises without immediately jeopardizing their long-term immigration goals.

While a positive step, this policy does not address the fundamental issue of Green Card backlogs but rather offers a temporary relief valve for specific hardship cases. It may reduce the immediate pressure on individuals considering leaving the U.S. due to job loss, but continued advocacy for comprehensive immigration reform to increase Green Card quotas and eliminate per-country limits remains critical for long-term solutions.