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Expanding EAD and Advance Parole for Employment-Based Green Card Applicants: A Call to the Biden Administration

The Biden administration has made significant strides in immigration policy, notably through the creation of the Family Reunification Parole (FRP) programs for people from Colombia, El Salvador, Guatemala, and Honduras. This laudable initiative aims to bridge the gap between policy and reality, to ensure U.S. citizens and permanent residents don’t have to choose between living in the U.S. and keeping their families together.

While the FRP is indeed a significant step forward, the administration must also turn its focus to the plight of the many employment-based immigrants waiting patiently in the long green card backlog. The plight is particularly severe for individuals from countries like India, where per-country limits on visas create inordinate delays. The current immigration system means that many high-skilled workers from India face a decades-long wait for their green cards.

One promising way to alleviate this issue would be to expand the scope of Employment Authorization Document (EAD) and Advance Parole provisions to those whose I-140 immigrant petition has been approved. This expansion would enable these individuals to work and travel without hindrance while waiting for their green cards, thus offering much-needed relief to this group of immigrants.

The EAD allows immigrants to work in the U.S., and Advance Parole permits travel abroad without affecting pending immigration processes. Currently, these benefits are available to some categories of immigrants, such as those adjusting status in the U.S. or with certain pending asylum applications. However, broadening these provisions to include those with approved I-140 petitions would be transformative, especially for Indian nationals who face extraordinary delays.

Expanding the scope of EAD and Advance Parole would have several benefits:

  • Boosting the Economy: Granting employment authorization and travel freedom to these individuals can contribute significantly to the U.S. economy. Many of these immigrants are highly skilled professionals in fields like IT, engineering, and medicine, and their ability to work without restrictions would greatly benefit these sectors.
  • Promoting Family Unity: Much like the FRP programs, this move would protect family unity. Many high-skilled workers have family members who are affected by their immigration status. Broadening EAD and Advance Parole would help keep families together while they navigate the complex immigration process.
  • Reducing Uncertainty: It would alleviate the uncertainty and fear of many immigrants who, despite contributing significantly to American society, live with the constant risk of losing their jobs and status due to administrative or processing delays.
  • Upholding American Values: America has always been a beacon for talented individuals worldwide. By granting these provisions, the U.S. would be reaffirming its commitment to welcoming those who aspire to contribute to its socio-economic fabric.

Biden administration has an opportunity to further rectify the inefficiencies of the U.S. immigration system. By extending EAD and Advance Parole to individuals with approved I-140 petitions, particularly Indian nationals facing prolonged waiting times, the administration can make a meaningful difference in the lives of these immigrants and their families, while also supporting the U.S. economy. It is high time that these efforts are given the priority they deserve in the broader immigration reform discourse.

Draft to send to congressmen

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[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Date]

Honorable [Congressman/Congresswoman Last Name] 

I am writing as a highly skilled professional who, along with thousands of others, is patiently waiting in a significant backlog for our employment-based green cards. This situation is particularly dire for individuals from countries such as India, where per-country visa caps have led to exceptionally long delays.

We are in urgent need of your support to address our concerns with the current immigration system. While the Biden administration has made commendable strides in immigration policy, particularly with the creation of the Family Reunification Parole (FRP) programs, there remains a pressing need to extend similar relief to those of us awaiting our green cards in the employment-based categories, especially those whose I-140 immigrant petition has been approved.

One potential solution to alleviate this situation is to broaden the provisions of the Employment Authorization Document (EAD) and Advance Parole to individuals in our position. By doing so, we could continue to work and travel without any hindrance while we await our green cards, offering much-needed relief from the protracted uncertainty we currently face.

Expanding EAD and Advance Parole benefits to our group would bring numerous benefits:

  • Economic Contributions: We are often highly skilled professionals and contribute significantly to various sectors of the U.S. economy.
  • Family Unity: This expansion would also uphold family unity, a value which the current administration has demonstrated commitment to.
  • Reduced Uncertainty: Granting these privileges would reduce the fear and uncertainty faced by immigrants like us, who are contributing to American society yet live in constant worry about our jobs and statuses.
  • American Values: This expansion would also reaffirm America’s image as a beacon of opportunity for global talent, aligning with our core principles of inclusivity and opportunity.

I understand that comprehensive immigration reform is complex, with many competing priorities. However, the extension of EAD and Advance Parole provisions to those with approved I-140 petitions, especially for those from countries experiencing excessive backlogs, could greatly improve the U.S. immigration system.

As my representative, I kindly request that you advocate on my behalf and bring this matter to the attention of the administration. I am confident that your support will play a crucial role in making the American Dream accessible to all of us contributing significantly to the nation’s socio-economic development.

Thank you for your time and consideration of this important matter.


[Your Name]

By: Rahul Reddy

Rahul Reddy, a seasoned lawyer in the realm of employment-based immigration, is the founding partner of Reddy & Neumann PC. With an impressive career spanning over 28 years, he inaugurated the firm in 1997, bringing a wealth of knowledge and a unique perspective to the intricate landscape of immigration law.

Rahul’s understanding of the complexities inherent in the immigration system is vast and nuanced, making him an indispensable resource in this specialized field. This comprehensive expertise, coupled with his personal encounters with the immigration system, has imbued him with a profound empathy for his clients. Each case he undertakes is informed by this personal connection, as he understands the unique challenges and aspirations that drive individuals to navigate the immigration process.

Passionate and committed, Rahul is driven by a desire to assist others in realizing the quintessential American Dream. His mission, underpinned by years of professional experience and personal insight, remains focused on providing excellent legal support to those seeking employment-based immigration solutions.