As per reports, out of the total layoffs, around 30 to 40 percent of Indian IT professionals, many of whom were H-1B and L1 visa holders. The revision in the immigration policy has given a new lease of life to such professionals who were being forced to move back to India
The US Citizenship and Immigration Services (USCIS) introduced a revised policy on June 14 that promises hope to laid-off workers across the country. The news comes as a boon for several Indians IT workers who faced massive layoffs a few months ago. This comes months after nearly 200,000 IT workers were laid off in the US, including notable numbers from major companies like Google, Microsoft, Facebook, and Amazon.
As per reports, out of the total layoffs, around 30 to 40 percent of Indian IT professionals, many of whom were H-1B and L1 visa holders. The revision in the immigration policy has given a new lease of life to such professionals who were being forced to move back to India.
Speaking on the development, Devang Shah, leading immigration attorney told Newsmobile, “We welcome the Biden administration’s efforts to reduce the backlog for immigration cases. Several Professionals continue to suffer from antiquated laws regarding per-country limitations and the effects of COVID-19 on USCIS’s inability to timely adjudicate applications.”
“Today the administration has implemented some certainty and provided guidance to those who are backlogged in receiving their employment authorization document which greatly reduces the previous discretion of USCIS officers in expediting EAD approvals based on compelling circumstances. Attorneys and USCIS officers now have a better understating of what is and is not compelling. More certainty will result in greater efficiencies and reduce the backlog,” he added.
As per the press statement issued by the department, the latest policy revision focuses on Employment Authorization Documents (EADs) under compelling circumstances and will provide temporary work authorization to eligible individuals who were facing challenging situations.
This USCIS initiative demonstrates a commitment to supporting those affected by layoffs and economic uncertainty. It provides a potential lifeline for workers seeking stability and employment opportunities amidst adversity. This will also ensure that US continues to have skilled professionals in the country.
With this, Immigrants from different countries are now expected to line up in huge numbers to present their cases in front of the authorities to make the most out of the updated policy.
The release further informed that in order to qualify for an initial EAD (Employment Authorization Documents) based on compelling circumstances, applicants must meet specific criteria. The criteria are listed as follows:
1) They should be the principal beneficiary of an approved Form I-140 in the 1st, 2nd, or 3rd employment-based preference categories.
2) Applicants must also be in a valid non-immigrant status or have an authorized grace period under specific visa categories like E-3, H-1B, H-1B1, O-1, or L-1. They should not have filed for an adjustment of status, and an immigrant visa should not be available based on their priority date.
3) Applicants and their dependents must provide the required biometrics and have no felony convictions or multiple misdemeanors.
4) As per their discretion, USCIS will determine whether the applicant demonstrates compelling circumstances justifying the issuance of employment authorization.
5) The guidance outlines examples of compelling circumstances, such as serious illness or disability, employer disputes or retaliation, significant harm to the applicant, or disruption to the employer.
The department in the statement emphasized that ‘The USCIS aims to assist laid-off workers by easing eligibility requirements and considering individual circumstances on a case–case basis. The revised rule offers an opportunity for these individuals to obtain work authorization and overcome employment challenges during difficult times.’
‘Applicants meeting the criteria should review USCIS guidelines and seek legal advice for a smooth application process,’ the release stated.
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