US to Extend Employment Authorization to 5 Years: A Game-Changer for Thousands of Indian Professionals

The United States has declared that it will issue employment authorization cards to some non-immigrant categories for the next five years, including those awaiting green cards. The change is expected to help many Indian residents living in other countries. The US Citizenship and Immigration Services (USCIS) has decided to extend the maximum validity period for Employment Authorization Documents (EAD) for certain noncitizens who must apply for employment authorization to five years for original and renewal EADs.

This includes applicants for asylum or withholding of removal, adjustment of status under INA 245, and suspension of deportation or cancellation of removal, according to the federal agency.

The Renewal of EADs over the next several years

The five-year extension of the EAD validity period aims to significantly reduce the influx of new Forms I-765, Application for Employment Authorization. It receives for renewing EADs over the next several years. According to USCIS, the change is part of a more significant push to eliminate processing delays and backlogs. Nonetheless, as noted by USCIS, the continuation of employment authorization for noncitizens is still dependent on their underlying status, unique circumstances, and EAD filing type.

This means that if a person obtains an EAD based on a pending adjustment of status application for the maximum five-year validity period, and their adjustment application is later denied, their ancillary employment authorization may be terminated before the expiry specified on their EAD. According to a new study, over 10.5 lakh Indians are now waiting for an employment-based Green Card, and 4 lakh may die before receiving the highly sought-after legal document that gives permanent residency in the United States. A Green Card, also known as a Permanent Resident Card, is a document granted to immigrants as proof of their right to permanent residence in the country. The per-country caps are numerical constraints on allocating green cards to citizens of specified countries.