
Washington: The US Department of Homeland Security has abruptly ended the automatic renewal of Employment Authorization Documents for certain immigrant groups. This decision has raised concerns among immigrant communities, legal experts, and immigrant rights groups.
Experts say this move could impact the US workforce and jeopardize the jobs of many immigrants, as EAD renewals already take a long time. The new rule, which came into effect on Thursday (October 30, US time), will prevent those with pending EAD renewals from continuing their work.
India will be most impacted
This change will have the greatest impact on Indian workers, as H-1B visa holders and Indian students working after their studies under the OPT program constitute the largest number of jobs. In particular, spouses of H-1B visa holders who work on EADs will be the hardest hit by this move. Refugees with pending cases will also be affected by this decision. However, green card holders, primary applicants for H-1B visas, L-1 visa holders, and O-1 applicants will not be affected, as they do not require an EAD.
New Scrutiny Will Now Be Conducted Every Time
Under the new rule, those applying for EAD renewals after October 30th will not receive automatic extensions. Each time, a new scrutiny will be conducted. DHS says this step is taken to enhance security and identify potentially dangerous individuals.
Sudden Rule Change Criticism
Immigration experts and legal organizations have criticized this decision. They say that the sudden rule change, without prior notice, has left thousands of skilled immigrants and their employers in jeopardy. David Beer, an immigration expert at the Cato Institute, described the decision as “inaction” by the government, saying that this move will suddenly leave people without jobs. A South Carolina immigration firm wrote that this rule would harm American companies and employees because existing employees would be unable to work.
Job Loss Risk
According to immigration lawyer Kripa Upadhyay, EAD renewals take 7-10 months, and employees could lose their jobs in the meantime because USCIS does not offer premium processing for EADs.
What is DHS’s rationale?
DHS stated that this rule would ensure greater scrutiny of immigrant workers. The agency stated that working in the United States is “a privilege, not a right,” and that this new rule would help prevent fraud and increase security.
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