The United States has announced that it will issue Employment Authorization Documents (EADs) with a validity of up to five years for certain non-immigrant categories. This policy change will have significant benefits for thousands of Indians residing in the US.
The US Citizenship and Immigration Services (USCIS) has extended the maximum validity period of EADs to five years, both for initial applications and renewals. This policy applies to specific non-citizens who require employment authorization, including individuals seeking asylum or withholding of removal, adjustment of status under INA 245, and suspension of deportation or cancellation of removal.
By increasing the maximum EAD validity period to five years, the USCIS aims to reduce the number of new Forms I-765 (Application for Employment Authorization) it receives for EAD renewals in the coming years. This is expected to help lower processing times and address backlogs within the system.
The agency also clarified that the duration of employment authorization for non-citizens depends on their underlying status, circumstances, and the EAD filing category. For instance, if someone initially received an EAD based on a pending adjustment of status application for five years and their adjustment application is subsequently denied, their employment authorization may end before the expiration date on their EAD.
This policy change comes in response to a significant backlog in employment-based Green Card applications in the United States, which particularly affects Indians. A recent study by the Cato Institute, an American libertarian think tank, revealed that more than 1.05 million Indians are waiting for an employment-based Green Card. Tragically, it estimated that around 400,000 of them may not receive their permanent residency document before their passing.
The study highlighted that the backlog for employment-based Green Cards reached a record high of 1.8 million cases, with Indians constituting 63% of these cases. The Green Card, or Permanent Resident Card, grants immigrants the right to live permanently in the United States, and it is subject to country-specific limits on the number of cards issued.
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