US Immigration rules help Indian immigrants

United States

Every storm has a silver lining, and the same adage applies to the United States’ new policy for Indian immigrants who have lost their jobs.

In the midst of the uncertainty caused by recent layoffs at major tech companies, Indian immigrants in the United States have found a ray of hope in the form of a new policy, PA-2023-18, which outlines guidelines for Employment Authorization Documents (EADs) during difficult circumstances.

New Policy Structure

The new policy framework creates a legal path for individuals who have approved employment-based immigrant visa petitions but are facing delays due to visa availability backlogs. This reform is critical for Indian workers in the United States because it aims to reduce the disruptive impact of unexpected job loss or unfavorable situations that could jeopardies their immigration status.

The approach will be especially useful to Indians living in the United States, as many of them are locked in the EB-2/3 visa backlog, which can last a century. When a job is lost in these circumstances, the employee normally has 60 days to find new employment or risk being forced to leave the country, despite having spent a decade or more there and built a life.

The implementation of this regulation provides a safety net for Indian immigrants, who frequently suffer uncertainty due to unexpected job loss. It ensures their financial stability as they pursue more secure prospects. The guideline also specifies the forms of evidence that applicants may provide in order to demonstrate compelling circumstances. School or higher education enrollment data, as well as mortgage paperwork, may be used to justify prospective problems such as selling property at a loss, disrupting children’s education, or relocating to India.

This USCIS regulation demonstrates a pragmatic approach to tackling the issues experienced by immigrant workers, notably those from India, who make up a sizable share of the US IT workforce. Furthermore, the policy emphasizes that individuals with a valid EAD based on compelling circumstances will not accrue unlawful presence, shielding them from unexpected stumbling blocks on their path to permanent residency.

Furthermore, this step strengthens the sense of security for these professionals’ families, as their dependents can apply for EADs based on compelling circumstances,
offering another layer of certainty in an already difficult immigration landscape.

Eligibility Criteria

According to the details mentioned in the policy the eligibility criteria extends to applicants who are principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Workers, in either the 1st, 2nd, or 3rd employment-based preference category.

Applicant needs to be on a valid E-3, H-1B, H-1B1, O-1, or L-1 non-immigrant status or authorized grace period when they file the Form I-765, Application for Employment Authorization. Click here to know more about eligibility.


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