New US Immigration Policy Brings Hope for H-1B and L-1 Visa Holders Amid Uncertainty and Job Loss

Amidst recent layoffs across major tech firms, there is a glimmer of hope for Indian immigrants living in the United States. The U.S. Citizenship and Immigration Services (USCIS) has introduced a new policy, PA-2023-18, which provides guidance on Employment Authorization Documents (EADs) to address pressing circumstances.

The newly implemented policy framework establishes a legal pathway for individuals who are beneficiaries of approved employment-based immigrant visa petitions but experience delays due to visa availability backlogs. This reform proves to be a vital lifeline for Indian workers in the US, aiming to alleviate the disruptive impact of unexpected job loss or other unfavorable circumstances that may jeopardize their immigration status.

The policy is particularly beneficial to Indians living in the US, as many of them face a backlog of over 100 years for EB-2/3 green cards. Losing a job in such a situation means having only 60 days to find a new one or risk leaving the country, despite having resided there for over a decade and establishing a life.

The primary beneficiaries of this policy pivot are Indian professionals working in the US under H-1B or L-1 nonimmigrant visas. According to the updated provisions mentioned in the USCIS press statement, these individuals may apply for EADs under compelling circumstances, which include serious illness and disability, employer disputes or retaliation, substantial harm to the applicant, or significant disruptions to the employer.

Uncertainty often looms over the possibility of sudden job loss for Indian immigrants, but this policy measure acts as a safety net, ensuring their financial stability while they navigate towards more secure opportunities. The policy outlines various categories of evidence that applicants can provide to demonstrate compelling circumstances. These may include enrollment records from schools or higher education institutions, mortgage documents illustrating potential hardships if forced to sell property at a loss, disruption of children’s education, or the need to relocate to India.

The USCIS directive demonstrates a pragmatic approach to address the challenges faced by immigrant workers, particularly those from India, who constitute a significant portion of the US IT workforce. Moreover, the policy emphasizes that individuals with a valid EAD based on compelling circumstances will not accrue unlawful presence, safeguarding them against abrupt disruptions in their path to permanent residency.

Furthermore, this move enhances the sense of security for the families of these professionals, as their dependents can also apply for EADs based on compelling circumstances, providing an additional layer of assurance in the complex immigration landscape.

Eligibility criteria for policy benefits state that applicants must be the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Workers, in the 1st, 2nd, or 3rd employment-based preference category. Additionally, the applicant should be in valid E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status or be in an authorized grace period when filing the Form I-765, Application for Employment Authorization. For more information on eligibility, please click here.