In a significant move that could bring relief to numerous foreign professionals, the White House Commission for Asian American, Native Hawaiian, and Pacific Islander Affairs (AANHPI) has approved a recommendation to issue employment authorization cards and travel documents at the initial stage of Green Card applications.

If approved by US President Joe Biden, this proposal would provide much-needed relief to countless foreign professionals, especially Indians who face Green Card wait times stretching into decades. The recommendation suggests that the US Department of Homeland Security’s US Citizenship and Immigration Services (DHS USCIS) should grant EADs and travel documents to individuals with approved I-140 employment-based visa petitions in the EB-1, EB-2, and EB-3 categories, who have been waiting in the visa backlog for five or more years, regardless of their adjustment of status application status.

The Green Card, also known as the Permanent Resident Card, is a crucial document granting immigrants the privilege of residing in the United States permanently. The Green Card application process involves multiple stages, beginning with employers filing I-140 applications, followed by the adjustment of status (I-485).

At the I-485 stage, applicants currently receive their Employment Authorization Card (EAD) and Advance Parole travel documents, enabling them to work for any employer until their Green Card application is fully processed. This recommendation was proposed by Ajay Jain Bhutoria, a prominent Indian American community leader and a member of the White House Commission for AANHPI.

The validity of these EAD and travel documents should extend until the final stage of their Green Card application is processed. This recommendation has been accepted by the Commission.

With a limited number of Green Cards issued each year, a backlog of over 1.8 million Green Card applications has developed, primarily affecting people from Asian American and Pacific Islander (AAPI) countries such as China, the Philippines, and India. Processing times can range from 5 to over 50 years, making it highly uncertain if applicants will ever receive their Green Cards in their lifetime.

This extended waiting period forces workers to stay with the same employer for many years, often facing discrimination and exploitation. The lack of job portability creates dissatisfaction and unhappiness for individuals and their families and leads to mental health issues in AAPI communities. The fear of losing their job and disrupting their children’s education further compounds these challenges.

Implementing these recommendations could bring freedom of movement between employers, facilitating travel with advance parole, and alleviating visa appointment backlogs at US embassies. It would also address workforce shortages, especially in critical areas like healthcare and STEM fields, and protect against deportation during health crises, ensuring fair and humane treatment and improved mental health and well-being for immigrants and their families.

This recommendation has the potential to bring historic changes to the US immigration system, benefiting both the nation and highly skilled foreign-born individuals eager to contribute to the United States, as stated by Ajay Jain Bhutoria during the Immigration subcommittee meeting. It would encourage entrepreneurship, address workforce gaps, promote innovation, and strengthen the United States as a global hub for talent and innovation.