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Employment Authorization Documents (EAD)
On Oct 20th 2023, the Foundation for India and Indian Diaspora Studies(FIIDS) submitted following Employment Authorization Document (EAD) related asks to the USCIS.
To Director Ms. Ur. M. Jaddou,
The Director U.S. Citizenship and Immigration Services,
20 Massachusetts Avenue NW Washington,
DC 20529-2140
Subject: Request to Changes in Employment Authorization Document (EAD) for Non-Immigrant Visa holders and their families
Dear Director of USCIS,
On behalf of the Indian American community, Foundation for India and India Diaspora Studies (FIIDS) appeals for the extension of benefits similar to the EAD changes announced on September 27, 2023, to non-immigrant visa holders and their families. (Ref: https://www.uscis.gov/newsroom/alerts/uscis-increases-employment-authorization-document-validity-period-for-certain-categories)
As per reports there are 1.1 million Indian-origin non-immigrant visa holders waiting for their priority date to become current so that they can apply for an I-485 for a green card. Due to the country-wise limit of 7%, this restricts their annual approval, causing almost ~135 years of delays, and estimated that about 435,000 would not see permanent residency in their lifetime.
Recognizing the imperative of retaining the competitive advantage of the United States, it is crucial to acknowledge the immense contributions these individuals and their families make to the nation’s economy, innovation, and diversity. Furthermore, on humanitarian grounds, it is pertinent to avoid a situation where these individuals find themselves in a status akin to indentured laborers.
This delay has a number of side effects, including:
- Impact on the industry: These highly skilled workers are unable to contribute to the industry outside of their current employer, which is a significant loss to the US economy.
- Impact on H4-EAD spouses: H4-EAD spouses are tied to the H1B status of their spouse, which makes family’s stability uncertain especially during high layoff and makes them financially insecure.
- Impact on documented dreamers: More than 200,000 children (called documented dreamers) are getting aged out of 21, becoming illegal status. Their contribution is important for retaining the US competitive advantage.
We urge you to consider the following recommendations:
- For Employment-Based Applicants: Grant EAD to I-140 approved applicants for a duration of 5 years without necessitating waiting for I-485 processing.
- For Spouses of Applicants: like the announcement on 27th Sept, give 5 years auto renewal EAD to H4EAD spouses to provide them the freedom from the uncertainty and contribute independently.
- For Documented Dreamers: Allow H4-EAD and extend their visa coverage from 21 years to 25 years, providing them with a stable status until they can pursue their own immigration path.
Implementing these changes would not only alleviate the immense pressure faced by these families but also fortify the United States as a nation that values and nurtures talent and diversity. We kindly request you to consider this appeal with utmost urgency, taking into account the human aspects of these prolonged immigration delays and the immense potential these individuals bring to American society.Thank you for your time and consideration.
As FIIDS continue to campaign for these changes, they need help to put pressure on the USCIS. This can be done in two ways:
- Strategic help from organization leaders: If you represent any group, institution, organization, or company, please contact FIIDS to offer your support. info@fiids-usa.org and khanderao@fiids-usa.org
- Funding: FIIDS funding to continue their campaign. Please consider donating to support their work. http://fiids-usa.org/donate or Zelle donate2fiids@gmail.com (501 C 3 tax exempt)
Together, we can make a difference for legal immigrants in the US.
