White House Commission recommends introducing EAD in the early stages of the Green Card application process
- In Reports
- 11:52 AM, Oct 27, 2023
- Myind Staff
White House Commission recommended the issuance of employment authorization cards and essential travel documents during the initial stages of the Green Card application process. This proposal, endorsed by the White House Commissioner for Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Affairs, awaits potential acceptance by the U.S.
The proposed change in the Green Card application process holds the potential to significantly impact the lives and prospects of numerous individuals, particularly within the Indian American community, who have been navigating protracted waiting periods and uncertainty.
The Green Card application process consists of multiple stages, commencing with employers submitting I-140 applications. An essential subsequent step is the adjustment of status, known as I-485. At this point, applicants typically obtain their Employment Authorization Card (EAD) and travel documents called Advance Parole.
Bhutoria, who holds a role within the White House Commissioner for AANHPI Affairs, played a pivotal role in moving this recommendation forward. His explanation of the process highlighted the significance of the proposed changes, which aim to provide relief and more favourable circumstances for foreign professionals, notably Indian Americans, navigating the complexities of the Green Card application journey.
According to the recommendation, the Department of Homeland Security's U.S. Citizenship and Immigration Services (DHS USCIS) is urged to provide employment authorization documents (EADs) and travel documents to individuals with approved I-140 employment-based visa petitions in the EB-1, EB-2, and EB-3 categories. This applies to those who have endured a visa backlog of five or more years, irrespective of whether they have submitted adjustment of status applications.
The recommendation proposes that the EAD and travel documents remain valid until the final stages of their Green Card application processing. This recommendation has received approval from the Commission, marking an important step forward in addressing the challenges faced by individuals navigating the immigration system, particularly those within the Indian American community.
A backlog of over 1.8 million green card applications primarily affects AAPI countries like China, the Philippines, and India due to limited annual issuances. Processing times range from 5 to over 50 years, leading to prolonged employment with one employer, discrimination, and underutilization of skills.
A backlog of 1.8 million green card applications impacts primarily AAPI countries, with processing times ranging from 5 to over 50 years. This extended wait compels workers to stay with the same employer, often facing discrimination and exploitation, leading to positions and compensation below their qualifications.
Limited job portability causes pressure, and leading to mental health issues and the risk of leaving the country, affecting children's education. Implementing the recommendations would enable freedom of movement between employers, benefit the economy, facilitate travel, address workforce shortages in critical fields, and support care for aging parents in their home countries.
STEM provides protection against deportation during health crises promotes fair treatment, mitigates wage stagnation, enhances career opportunities, and reduces the burden of temporary status. The H-1B visa is crucial for U.S. companies, especially in the technology sector, to employ foreign workers with specialized skills from countries like India and China.
“The recommendation has the potential to bring about historic changes in the US immigration system, benefiting both the nation and highly skilled foreign-born individuals eager to contribute to the United States," Bhutoria said during the meeting of the Immigration subcommittee.
"By encouraging entrepreneurship, addressing workforce gaps, and promoting innovation, the United States stands to gain significant economic advantages, solidifying its position as a global hub for talent and innovation,” he said.
Image source: ANI
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