In support of the numerous Indian-Americans facing extended wait times due to the long-standing green card backlog, an Indian diaspora organization has called upon the Biden Administration to consider easing the regulations governing the issuance of employment authorization cards.
Approximately 1.1 million Indian-origin non-immigrant visa holders are currently awaiting their priority date to become current so they can apply for an I-485 for a green card, as reported by the Foundation for India and Indian Diaspora Studies (FIIDS). The annual limit of seven per cent per country significantly restricts the approval rate, resulting in nearly 135 years of delays for some applicants. FIIDS estimates that more than 400,000 individuals may not attain permanent residency within their lifetime due to these constraints.
FIIDS suggests that issuing Employment Authorization Cards during the early stages of green card processing could alleviate the uncertainties and distress faced by a large number of Indian Americans, their spouses, and grown-up children in this situation.
“Recognizing the imperative of retaining the competitive advantage of the United States, it is crucial to acknowledge the immense contributions these individuals and their families make to the nation’s economy, innovation, and diversity. Furthermore, on humanitarian grounds, it is pertinent to avoid a situation where these individuals find themselves in a status akin to indentured labourers,” FIIDS said in a statement.
FIIDS has presented recommendations to the Biden administration, focusing on three key areas. First, for Employment-Based Applicants, they propose granting Employment Authorization Documents (EAD) to I-140 approved applicants for a generous duration of 5 years, eliminating the need to wait for I-485 processing. Additionally, in line with the announcement made on September 27th, they suggest implementing a 5-year automatic EAD renewal for H4EAD spouses, enabling them to gain independence from the uncertainties surrounding their visa status and contribute to the workforce. Finally, for Documented Dreamers, FIIDS advocates allowing H4-EAD holders to extend their visa coverage from 21 years to 25 years, affording them a stable status while they pursue their immigration paths. These recommendations aim to address and alleviate challenges within the immigrant community.
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