Immigration
USCIS Provides Guidance on Employment Authorization Documents Based on Compelling Circumstances
For an applicant to be eligible for an initial EAD based on compelling circumstances, they must meet the following eligibility requirements:
- The principal applicant is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Workers, in either the 1st, 2nd, or 3rd employment-based preference category;
- The principal applicant is in valid E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status or authorized grace period when they file the Form I-765, Application for Employment Authorization;
- The principal applicant has not filed an adjustment of status application;
- An immigrant visa is not available to the principal applicant based on the applicant’s priority date according to the relevant Final Action Date in the U.S. Department of State’s Visa Bulletin in effect when they file Form I-765;
- The applicant and their dependents provide biometrics as required;
- The applicant and their dependents have not been convicted of a felony or two or more misdemeanors; and
- USCIS determines, as a matter of discretion, that the principal applicant demonstrates compelling circumstances that justify the issuance of employment authorization.
The guidance covers compelling circumstances for principal applicants and their dependents and provides a non-exhaustive list of situations that could lead to a finding that compelling circumstances exist, including serious illness and disability, employer dispute or retaliation, other substantial harm to the applicant, or significant disruption to the employer.
The guidance also provides details on evidence an applicant could submit to demonstrate one of these compelling circumstances. For example, a principal applicant with an approved immigrant visa petition in an oversubscribed visa category or chargeability area, who has lived in the United States for a significant amount of time, could submit evidence such as school or higher education enrollment records, mortgage records, or long-term lease records to support a potential finding of compelling circumstances. Compelling circumstances could include, if, due to job loss, the family may otherwise be forced to sell their home for a loss, pull their children out of school, and relocate to their home country.
For more information about these compelling circumstances EADs, please see the policy alert. Please also see our resource on Options for Nonimmigrant Workers Following Termination of Employment, for more evidence on options for maintaining a period of authorized stay in the United States. Visit the Policy Manual Feedback page to provide feedback on this update.
18 hours ago
Risk of famine still present in Gaza: WHO
18 hours ago
Over 400 hospitalised in Vietnam due to suspected food poisoning
18 hours ago
Germany summons Russian diplomat over cyberattack on ruling party
20 hours ago
Pew Research Center: Indian Migrants Among Top Three Asian Groups Sending Money Home
21 hours ago
Virginia Senator Hashmi is running for lieutenant governor and is trying to win over the party's endorsement.
21 hours ago
A vibrant and joyous Gujarat-Maharashtra Day celebration was conducted at the Indian Consulate in New York.
21 hours ago
Immigrants covered by Biden's health insurance programme will have more options
21 hours ago
Report suggests that US cows were likely infected with bird flu for at least four months prior to diagnosis.
21 hours ago
To back up Biden's claim that China, Russia, Japan, and India are "xenophobic," the White House has issued a statement.
22 hours ago
India retain top spot in ODIs, T20Is rankings after annual update
23 hours ago
Reluctant Rahul Gandhi finally steps in Raebareli to keep family flag high
23 hours ago
Ruchir Sharma's warning to West: Beware of bigger governments you wish for
23 hours ago
ChatGPT not reliable tool to gauge development delays in children, finds research