Employment Authorization Documents Based on Compelling Circumstances
June 14, 2023 – U.S. Citizenship and Immigration Services (USCIS) has released new policy guidance on the eligibility criteria for both initial and renewal applications for Employment Authorization Documents (EADs) under compelling circumstances.
To be eligible for an initial EAD under compelling circumstances, an applicant must meet specific requirements. These include being 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. Furthermore, the applicant must be in a valid E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status or within the authorized grace period when they file Form I-765, Application for Employment Authorization.
USCIS guidance provides a comprehensive list of scenarios that could warrant a finding of compelling circumstances. Examples include serious illness and disability, employer dispute or retaliation, other significant harm to the applicant, or substantial disruption to the employer.
In addition to these, the guidance also provides detailed information on the types of evidence an applicant could submit to prove one of these compelling circumstances. Such evidence could include school or higher education enrollment records, mortgage records, or long-term lease records.
Stay informed and prepared by understanding these changes and how they may impact your immigration process and future in the U.S. It’s essential to know how these new rules apply to you and what you need to do to demonstrate your eligibility under these new guidelines.
Read the full update: USCIS Update – Compelling Circumstances EAD
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