US Eases Green Card Eligibility Norms Ahead of Indian PM Modi’s Visit

In anticipation of Prime Minister Narendra Modi’s upcoming visit to the United States, the Biden administration has announced the relaxation of green card eligibility norms for individuals seeking to stay in America.

The US Citizenship and Immigration Services (USCIS) has issued new guidance outlining the eligibility criteria for initial and renewal applications for the Employment Authorization Document (EAD) in compelling circumstances. This development is expected to benefit numerous Indian technology professionals who have been enduring lengthy waits for a Green Card or permanent residency.

The green card, officially known as the Permanent Resident Card, serves as a document issued to immigrants entering the US, signifying that they have been granted the privilege to reside in the country.

Under the US immigration laws, around 140,000 employment-based green cards are allocated each year.

The USCIS guidelines now establish specific requirements that applicants must meet in order to be eligible for an initial EAD based on compelling circumstances. These requirements include being the principal beneficiary of an approved Form I-140, maintaining a valid non-immigrant status or authorized grace period, not having filed an adjustment of status application, and meeting certain biometrics and criminal background criteria.

Furthermore, USCIS will exercise its discretion in determining whether an applicant demonstrates compelling circumstances justifying the issuance of employment authorization.

Prominent community leader and immigrant rights advocate, Ajay Bhutoria, welcomed these measures as a significant step towards supporting individuals facing challenging situations and ensuring their ability to work lawfully in the United States. He emphasized the importance of these measures for individuals confronted with serious illness or disability, employer disputes or retaliation, significant harm, or disruptions to their employment.

Bhutoria explained that individuals with approved immigrant visa petitions in oversubscribed categories or chargeability areas may submit evidence such as school or higher education enrollment records, mortgage records, or long-term lease records to substantiate their compelling circumstances.

The easing of green card eligibility norms by the Biden administration showcases their commitment to addressing the concerns of Indian technology professionals and facilitating a smoother immigration process. As Prime Minister Modi’s visit approaches, this development is expected to contribute positively to the discussions between the two nations regarding immigration and bilateral cooperation.