Immigration
USCIS Provides Guidance on Employment Authorization Documents Based on Compelling Circumstances
![](https://cdn.indialife.us/featured-image/migrated205945resize_1686898161_1711219485.png)
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.
![](https://cdn.indialife.us/featured-image/image_1722048152.png?width=80&height=70&aspect_ratio=8:7)
1 hour ago
Paris accords 'thunderous' welcome to 2024 Games, crowd go 'Gaga' over Nadal
![](https://cdn.indialife.us/featured-image/image_1722048079.png?width=80&height=70&aspect_ratio=8:7)
1 hour ago
Paris Olympics: Sindhu, Sharath lead India as Games start with spectacular Opening Ceremony
![](https://cdn.indialife.us/featured-image/image_1722046590.png?width=80&height=70&aspect_ratio=8:7)
2 hours ago
Dr. Usha Somasundaran Passes Away
![](https://cdn.indialife.us/featured-image/image_1722027106.png?width=80&height=70&aspect_ratio=8:7)
7 hours ago
We can no longer afford to view ourselves as isolated islands: Mata Amritanandamayi Devi (Interview)
![](https://cdn.indialife.us/featured-image/image_1722022765.png?width=80&height=70&aspect_ratio=8:7)
8 hours ago
Paris Olympics: Lady Gaga sets stage on fire as rain lashes Opening Ceremony
![](https://cdn.indialife.us/featured-image/image_1722022687.png?width=80&height=70&aspect_ratio=8:7)
8 hours ago
Paris Olympics: PM Modi extends his best wishes to the Indian contingent as the Games commence
![](https://cdn.indialife.us/featured-image/image_1722022624.png?width=80&height=70&aspect_ratio=8:7)
8 hours ago
Paris Olympic: Team GB complains about food in Athletes Village
![](https://cdn.indialife.us/featured-image/image_1722022056.png?width=80&height=70&aspect_ratio=8:7)
8 hours ago
Trump receives Netanyahu, wife at Mar-a-Lago
![](https://cdn.indialife.us/featured-image/image_1721997421.png?width=80&height=70&aspect_ratio=8:7)
15 hours ago
India Stands by Its Ties with Russia, Defends Freedom of Choice Amid US Criticism
![](https://cdn.indialife.us/featured-image/image_1721997156.png?width=80&height=70&aspect_ratio=8:7)
15 hours ago
New Jersey Man Faces Terrorism Charges in Salman Rushdie Attempted Murder Case
![](https://cdn.indialife.us/featured-image/image_1721996134.png?width=80&height=70&aspect_ratio=8:7)
16 hours ago
Indian Man Receives 12-Year US Prison Sentence for Criminal Activity
![](https://cdn.indialife.us/featured-image/image_1721995502.png?width=80&height=70&aspect_ratio=8:7)
16 hours ago
US: Kamala Harris Condemns Flag Burning During Netanyahu's Congress Address
![](https://cdn.indialife.us/featured-image/image_1721994984.png?width=80&height=70&aspect_ratio=8:7)
16 hours ago
Indian American Congressman Rep. Thanedar Named Ranking Member of Two House Subcommittees