If you are an H-1B visa holder or a worker in need of an employment-based green card, don’t despair! The USCIS has released a policy to provide relief for those who are in the employment visa backlog. The change allows eligible people to seek an EAD under “expedited circumstances”.
So, if your green card process is taking too long and you’re losing your job or are out of status as a result of it, then you might qualify for this temporary relief. The EAD allows you to continue working in Canada until your green card is processed.
What Is EAD in Serious Situations?
The Employment Authorization Document (EAD) is a work permit for people to legally work in the United States for short-term employment. USCIS updated its rules in response to the visa backlog to issue EADs to some of those facing dire circumstances while their green cards are processed. This work permit, if you are approved, will help you remain employed and don’t risk losing your job or your immigration status.
Eligibility Requirements for the EAD
You need to fulfill the following criteria to qualify for an EAD under compelling circumstances:
- Valid I-140: You will need to have a valid Immigrant Petition for Alien Worker (Form I-140).
- Valid Nonimmigrant Status: You must already be in a valid nonimmigrant status, H-1B, E-3, H-1B1, O-1, or L-1.
- Not Yet Filing Adjustment of Status: You should not have filed for Adjustment of Status (Form I-485).
- Priority Date Not Current: Your priority date as per the US Department of State’s Visa Bulletin, cannot be current, which would mean that your green card application is on hold.
- Biometrics and Clear Records: You and your family members must be able to furnish biometrics and have a clean immigration record.
What Are “Compelling Circumstances”?
USCIS explains that compelling circumstances are serious reasons why you cannot, or can’t, keep doing your previous employment or status while you await your green card. Below are a few examples of scenarios that could put you in contention for an EAD under certain conditions:
- Major Disease or Delay: If you or a member of your family becomes majorly ill and you have to relocate to a new region for medical treatment or to assist a person.
- Employment Cases: If you have a job loss-related conflict with your employer or if you are seriously hurt by your job loss.
- Family Problems: If you have school children who suffer from it or you have a mortgage or debts that hamper your ability to maintain yourself.
These are only some, USCIS will take into account your unique situation to determine if you qualify for this EAD.
For How Long Does the EAD Work?
A year’s EAD under compelling circumstances may be issued. But remember, the EAD does not simply run again after that. If you are still under compelling conditions, you can renew it, but you’ll have to do it again. This is intended to be a quick fix to close the gap while you figure out other possibilities like:
- Finding a new job that will sponsor you.
- Changing to another visa type.
- Or other long-term immigration solutions.
Why Is This Important?
The new policy offers workers who are stuck on the long green card path much-needed relief. Since the H-1B visa and other employment immigration streams have long waitlists, this provision is a cushion for those who would otherwise be denied work authorization.
In allowing EADs for strong cases, USCIS allows you to stay at work and look after your family while you await the green card. That’s great news for many who would otherwise struggle because of their visa status.
Impact on Foreign Workers and Job Seekers
The ongoing visa backlog in the United States has significant implications for foreign workers and job seekers, affecting their job security, career prospects, and personal circumstances.
Job Security and Career Prospects
Foreign workers are facing heightened uncertainty due to delays in securing employment-based visas. The backlog has disrupted the ability of companies to onboard new talent, particularly in specialized fields such as technology and healthcare. This has resulted in project delays and unmet business goals, ultimately affecting the job security of foreign workers who may find their roles uncertain or at risk due to operational inefficiencies within their employers’ organizations. Furthermore, the prolonged wait times can lead some highly skilled workers to reconsider their plans to immigrate to the U.S., opting instead for countries with more efficient immigration systems, which can result in a loss of talent critical for U.S. economic growth.
Personal and Family Situations
Visa delays also impact personal lives significantly. Foreign workers may face challenges in traveling or reuniting with family members due to their visa status being in limbo. For instance, spouses and children of U.S. citizens are particularly affected, with many facing extended periods without work authorization or the ability to join their families. The inability to secure timely work permits can compromise their ability to provide for themselves and their families, leading to financial strain and emotional distress.
Guidance for Navigating Delays
To navigate these delays effectively, foreign workers should take proactive steps:
- Stay Informed: Regularly check the status of visa applications through USCIS online tools.
- Maintain Status: Ensure that all paperwork is filed on time and seek legal advice if facing potential status violations.
- Explore Options: Investigate alternative visa categories or employment opportunities that may be less impacted by backlogs.
Opportunities in Critical Industries
Despite the challenges posed by the backlog, certain industries are actively seeking foreign talent. Sectors such as healthcare, technology, and agriculture often have urgent needs that could provide opportunities for skilled workers. For example, recent increases in H-2B nonimmigrant visas aim to address labor shortages in critical areas. Workers with skills aligned with these demands may find more favorable conditions despite the broader backlog.
The Role of Premium Processing in Reducing Delays
Premium processing is a service offered by USCIS that expedites the visa approval process for certain employment-based petitions.
Explanation and Benefits
Under premium processing, eligible petitions receive expedited processing within 15 calendar days. This service can significantly reduce wait times for workers needing swift approval to start or continue employment1. The expansion of premium processing options by USCIS is a crucial step towards alleviating backlogs, allowing employers to secure talent more quickly.
Costs and Eligibility
The cost for premium processing is currently set at $2,500 per petition. Not all visa categories qualify; typically, it is available for H-1B visas and certain employment-based green card applications. Employers should evaluate whether the benefits of faster processing justify the additional expense.
New USCIS Tools for Tracking and Managing Backlogs
USCIS has introduced various online tools aimed at improving transparency and tracking capabilities for applicants.
Online Tools and Case Status Updates
Applicants can now utilize online case status updates to monitor their visa application progress. This initiative enhances communication between USCIS and applicants, providing real-time information about application statuses.
Steps for Tracking Progress
To track applications effectively:
- Use the USCIS online portal to check case status.
- Sign up for updates via email or text notifications.
- Contact USCIS customer service if there are significant delays beyond typical processing times.
Legislative or Policy Changes Addressing Visa Backlogs
Recent discussions among lawmakers have focused on addressing employment visa delays through proposed reforms.
Overview of Proposed Reforms
Several legislative measures aim to alleviate backlogs by increasing funding for USCIS operations and streamlining processes. These reforms may include extending automatic work permit renewals and enhancing staffing levels at USCIS.
Potential Impact of New Laws
If enacted, these changes could lead to reduced wait times for visa approvals, providing relief for both foreign workers and employers reliant on timely access to talent. Congress plays a pivotal role in shaping these policies through appropriations and oversight.
Challenges in Reducing Employment Visa Backlogs
Despite efforts to address backlogs, USCIS faces several challenges that complicate timely processing.
Limitations Faced by USCIS
Resource constraints, staffing shortages, and outdated systems hinder USCIS’s ability to process applications efficiently. Additionally, disruptions caused by global crises such as the COVID-19 pandemic have exacerbated existing delays.
Long-term Solutions Under Discussion
To ensure lasting improvements, discussions are ongoing regarding potential solutions such as increasing funding allocations specifically for visa processing and adopting technological advancements that streamline application reviews.
Guidance for Visa Holders Facing Delays
Foreign workers experiencing delays must take steps to maintain lawful status during this uncertain period.
Avoiding Work Authorization Issues
To prevent complications with work authorization:
- File renewal applications well before expiration dates.
- Keep detailed records of all submitted documents.
- Consult an immigration attorney if facing potential violations due to delays.
Maintaining Lawful Status
Visa holders should remain vigilant about maintaining their status while waiting for approvals. This includes understanding grace periods associated with their current visas and exploring options like a change of status if necessary.
USCIS Communication with Applicants During Backlogs
The U.S. Citizenship and Immigration Services (USCIS) has made significant strides in communicating with applicants regarding delays in processing times, especially amid ongoing backlogs. The agency has established various channels to inform applicants about their case statuses and the reasons behind any delays.
How USCIS is Informing Applicants of Delays and Offering Assistance
USCIS utilizes multiple methods to keep applicants informed, including updates on their official website, automated emails, and text notifications. These communications often detail current processing times for various applications, including employment-based immigration1. Additionally, USCIS has implemented a system where applicants can check the status of their cases online, which provides real-time updates on processing stages2.In response to the backlog situation, USCIS has also expanded its staffing and improved technology to enhance communication and processing efficiency. By setting internal cycle time goals, the agency aims to reduce processing times and keep applicants informed about their case progress.
Tips for Applicants to Stay Informed About the Status of Their Cases
To remain updated on their applications, applicants are encouraged to:
- Utilize Online Tools: Regularly check the USCIS website for updates on processing times and case statuses.
- Sign Up for Notifications: Enroll in email or text notifications from USCIS to receive timely updates about their cases.
- Contact USCIS Directly: If there are concerns about delays beyond normal processing times, applicants can contact USCIS through their case inquiry tools.
Importance of Communication Between USCIS, Employers, and Applicants During This Time
Effective communication is crucial during periods of backlog as it helps manage expectations among applicants and employers. Clear information about delays allows employers to plan accordingly for workforce needs while providing applicants with a sense of transparency regarding their immigration status. This collaboration fosters a better understanding of the immigration process and helps mitigate frustrations associated with prolonged waiting periods.
Future Outlook for Employment Visa Processing
As we look ahead, several predictions emerge regarding how the backlog situation will evolve over the next year.
Predictions About How the Backlog Situation Will Evolve Over the Next Year
Experts anticipate that while some improvements may continue in processing times due to enhanced operational efficiencies at USCIS, challenges will persist. The demand for employment visas remains high, which could lead to fluctuating backlogs depending on application volumes and policy changes.
Long-Term Strategies Being Implemented by USCIS to Prevent Future Backlogs
USCIS is actively working on long-term strategies to prevent future backlogs. These strategies include:
- Increasing Staffing Levels: Hiring additional personnel to handle caseloads more efficiently.
- Enhancing Technology: Implementing advanced case management systems to streamline processes.
- Expanding Premium Processing Options: Allowing certain applications to be expedited for a fee, thereby reducing overall wait times for those who can afford it.
How the Administration Plans to Balance Visa Demand with Available Processing Capacity
The administration is exploring various measures to balance visa demand with processing capacity. This includes adjusting application limits based on historical data and current trends while ensuring that operational capabilities are aligned with expected workloads. By closely monitoring application trends and adjusting policies as needed, USCIS aims to maintain a more stable processing environment.
Frequently Asked Questions (FAQ) on Employment Visa Backlogs
What should I do if my application is taking longer than expected?
Applicants should first check their case status online and consider contacting USCIS directly if delays exceed normal processing times.
Are there any options for expediting my application?
Certain applications may qualify for premium processing, allowing for expedited handling for an additional fee.
Does a backlog mean my application will be denied?
No, a backlog does not imply denial; it simply indicates that processing times are longer than usual due to high demand or operational challenges.
Will my employer be notified of my application’s status?
Employers are typically not notified unless they are listed as representatives on the application; however, they can inquire about general processing timelines through official channels.
The USCIS policy shift to grant EADs in special circumstances represents a short-term but welcome relief for workers in the employment visa queue. In the case that you qualify, this new EAD will allow you to stay in the US and continue to work legally while you wait for your green card. This is due to a medical condition, family needs, job loss, or any other underlying serious issue, and it will keep you on the right side of the curve.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for an L-2 Visa or an H-4 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
