The new rules are particularly significant for H-1B visa holders who have been affected by the recent layoffs from tech companies
Prime Minister Narendra Modi is on his way for an official US visit, from June 21 to 24. In the days before his arrival, the Joe Biden administration in the US announced some key changes to the eligibility for the US Green Card—it allows immigrants permanent residency in the country—which will benefit Indians who are seeking to build lives in the US.
This document specifies that, among others, this will allow certain categories of people to request employment authorisation. Among others, this will benefit:
The guidance states that the decision to issue the employment authorisation is at the agency’s discretion. It is important that the applicant requesting employment authorisation submits detailed documentation proving the adverse circumstances.
For example, “a principal applicant with an approved immigrant visa petition in an oversubscribed visa category or chargeability area, who has lived in the United States for a significant amount of time, could submit evidence such as school or higher education enrolment records, mortgage records, or long-term lease records to support a potential finding of compelling circumstances,” the USCIS website says.
So, if a candidate has been laid off, and because of the loss of job, is “forced to sell their home for a loss, pull their children out of school and relocate to their home country”, it would be considered a ‘compelling circumstance’.
“We see the new norms as a very positive change, and the approach shows an important human side of the agency. The USCIS deals with the lives of immigrants and their families, and this policy takes into consideration the real-life struggles of immigrants in the US,” says Suresh Rajan, executive chairman and founder, LCR Capital Partners, an investments and advisory firm specialising in immigrant investor programmes and supporting families who want to move for global opportunities. “This will significantly help people of Indian origin who have been on H-1B visas for years, and have been affected by the recent tech layoffs. It is a big relief for families, and shows that the agency is trying to help immigrants who have chosen the US to build their careers.”