Unlocking Opportunities: Expert Opinions on US Green Card Changes and Alternative Routes for Immigrants

USA Latest Update News: In an effort to assist individuals awaiting green cards in the United States, the Biden administration has issued policy guidance through the US Citizenship and Immigration Services (USCIS). The newly introduced guidelines primarily concentrate on the eligibility requirements for initial and renewal applications of Employment Authorization Document (EAD) in situations that present compelling circumstances. This significant adjustment is anticipated to have a positive impact on a considerable number of Indian technology professionals who are currently experiencing prolonged wait times for Green Cards or permanent residency in the country.

What does the new US Green Card rule entail and how does it impact individuals seeking permanent residency?

The latest US Green Card rule provides detailed guidelines, as stated by the USCIS, which specify the criteria applicants need to fulfill in order to qualify for an initial Employment Authorization Document (EAD) under compelling circumstances.

To meet the eligibility criteria for an initial Employment Authorization Document (EAD) under compelling circumstances, applicants must satisfy several conditions as per the new US Green Card rule. These conditions include being the primary recipient of an approved Form I-140, maintaining valid non-immigrant status or being within an authorized grace period, not having submitted an adjustment of status application, and fulfilling specific biometric and criminal background requirements.

Additionally, the USCIS will utilize its discretion to evaluate whether an applicant presents compelling circumstances that warrant the issuance of employment authorization.

What are experts saying about the implications of the new US Green Card rule?

According to Nicholas A. Mastroianni, President and CMO of the U.S Immigration Fund (USIF), the new US Green Card rule offers individuals with an approved I-140 the opportunity to remain in the United States with a work permit if their employment is terminated. However, Mastroianni also mentions that USCIS has a tendency to be cautious when determining "compelling" circumstances, and it is uncertain whether unemployment alone would suffice as a reason for approval of the work permit.

Furthermore, Mastroianni suggests that those seeking a more assured path to long-term US residency should consider the EB-5 Visa, which is considered a highly reliable and permanent solution.

It is crucial to exercise caution and seek guidance from immigration professionals when contemplating these alternatives in order to navigate the intricate terrain successfully.

A Permanent Resident Card, commonly referred to as a Green Card, serves as official proof that an immigrant has been granted the right to permanently reside in the United States.

Immigration regulations allocate approximately 140,000 employment-based green cards to be issued annually.

However, only a maximum of seven percent of these green cards can be allotted to individuals from any single country on a yearly basis.