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IMMIGRATION OCTOBER 20, 2023 | The Indian Eye 48
Shaping Immigration Policy
Through EADs
BY CYRUS D. MEHTA AND are employment authorized Policy Alert. USCIS stated court level in March and no 2023 and meet the other el-
incident to status or circum- that this change is aimed at court of appeals decision has igibility criteria to apply for
KAITLYN BOX*
stance” to five years. This “significantly reduc[ing] the yet been rendered, Save Jobs TPS. EADs for current Ven-
five-year EAD validity pe- number of new Forms I-765, has already sought review ezuelan TPS beneficiaries
n the face of Congressio- riod also applies to some Application for Employment by the Supreme Court. Save will be automatically extend-
nal inaction to fashion an
Iimmigration solution for “initial and renewal EADs Authorization, we receive for Jobs is arguing that the issue ed through March 10, 2025.
The redesignation of Vene-
of H-4 EADs in one of “ex-
for certain noncitizens who renewal EADs over the next
the United States, the Ad- must apply for employment several years, contributing to traordinary practical impor- zuela for TPS will relieve the
ministration does have broad authorization”. Refugees, our efforts to reduce asso- tance” because it represents pressure for cities like New
authority to grant an employ- asylees, individuals granted ciated processing times and “just the tip of a regulato- York that have accepted re-
ment authorization docu- withholding of removal, and backlogs”. This announce- ry-work-authorization ice- cent migrants from Venezu-
ment (EAD) to noncitizens. those with pending asylum ment is the one of the most berg” that threatens the jobs ela, as these individuals will
It also has the ability to ex- application or applications recent in a series of DHS of U.S. workers. Save Jobs be able to legally work with
tend the validity of an EAD. for adjustment of status un- measures that have the effect further claimed that provid- EADs even while they have
On September 27, 2023,
USCIS announced that it will der INA 245, are among of shaping immigration poli- ing work authorization to pending TPS applications
noncitizens paroled into the rather than relying only on
the categories of noncitizens cy through EADs.
increase the maximum em- who will be issued EADs INA 274A(h)(3) pro- U.S. for humanitarian pur- housing and other services
ployment authorization doc- with a five-year validity pe- vides DHS a basis for provid- poses will “will allow aliens provided by NYC.
ument (EAD) validity period riod, according to a USCIS ing employment authoriza- to hold 18 percent of the jobs Other examples where
for “certain noncitizens who
tion to noncitizens when created in an average year.” the Administration has re-
not specifically autho- In a September 2023 brief, lied on INA 274A(h)(3) in-
rized under the INA. DHS contended that Save clude the granting of EADs
The provision states: Jobs does not have standing to those who have been pa-
(3) Definition of to challenge the regulation, roled into the United States
unauthorized alien – and urged the Court to deny under humanitarian parole
As used in this section, certiorari, stating that: “The under 8 CFR 274.12(c)(11),
the term “unauthorized case would… not warrant F-1 students who are in a
alien” means, with re- certiorari even had the court period of practical training
spect to the employment of appeals already affirmed (8 CFR 274.12(c)(3)), appli-
of an alien at a particu- the district court’s ruling. cants with pending I-485 ap-
lar time, that the alien That petitioner seeks to skip plications (8 CFR 274.12(c)
is not at that time either that critical step and obtain (9)), applicants with pending
(A) an alien lawfully ad- certiorari before judgment cancellation of removal ap-
mitted for permanent makes denial of the petition plications (8 CFR 274.12(c)
residence, or (B) autho- all the more appropriate.” (10)), recipients of Deferred
rized to be so employed Although employment Action for Childhood Ar-
by this Act or by the At- authorization is specifical- rivals (DACA) (8 CFR
torney General. ly provided for recipients of 274.12(c)(33)), and benefi-
DHS has relied on Temporary Protected Status ciaries of approved I-140 pe-
INA 274A(h)(3) as the (TPS) under INA 244(a)(1), titions, as well as their spous-
authority for issuing INA 274A(h)(3) also affords es and children, based on
m of EADs to H-4 spouses DHS a basis for providing compelling circumstances (8
CYRUS D. MEHTA & PARTNERS PLLC of H-1B workers under interim EADs to applicants CFR 204.5(p)). Under these
regulations, some EADs are
who have pending TPS ap-
8 CFR 274.12(c)(26).
Save Jobs USA, an or- plications under 8 CFR linked to the noncitizen’s
ganization representing 274.12(c)(19). Pursuant to a nonimmigrant visa status
California IT workers, recent announcement, DHS such as F-1 or H-4 while oth-
is currently challenging is redesignating and extend- er EADs are not linked to
the DHS rule that grants ing TPS for Venezuela for such visa status and allow the
work authorization to 18 months. The redesigna- noncitizen to remain lawfully
H-4 nonimmigrants be- tion will allow Venezuelan present in the US.
fore the Supreme Court. nationals who have been Some of the programs
2 6th Floor Although the policy was continuously residing in the that have provided the basis
upheld at the district United States since July 31, for EADs have been chal-
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