Client Payment Portal

USCIS Provides Guidance on EADs Based on Compelling Circumstances

Jun 20, 2023 | Immigration Updates

U.S. Citizenship and Immigration Services (USCIS) has released policy guidance on the eligibility criteria for initial and renewal applications for an Employment Authorization Document (EAD) in compelling circumstances. An applicant must meet the following eligibility requirements to be eligible for an initial EAD based on compelling circumstances:

  • The principal applicant is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Workers, in either the first, second, or third employment-based preference category;
  • The principal applicant is in valid E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status or an 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 Department of State’s Visa Bulletin in effect when they file Form I-765;
  • The applicant and dependents provide biometrics as required;
  • The applicant and 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 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.

Details: USCIS alert (June 14, 2023). https://www.uscis.gov/newsroom/alerts/uscis-provides-guidance-on-employment-authorization-documents-based-on-compelling-circumstances

Related Posts:

Immigration Update

In this edition, find the latest news on the extension of certain Covid-19 flexibilities, the release of another round of frequently asked questions from the DOL’s Office of Foreign Labor Certification, the DHS’s designation of Ethiopia for Temporary Protected Status, and more. USCIS Extends Certain COVID-19-Related Flexibilities Through January 23, 2023 U.S. Citizenship and Immigration Services (USCIS) announced that it is extending certain COVID-19-related flexibilities through January 24, 2023, to assist applicants, petitioners, and requestors. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and January 24, 2023: Requests for Evidence Continuations to Request Evidence (N-14) Notices of Intent to Deny, Revoke, Rescind, Terminate (regional centers), or Withdraw Temporary Protected Status Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant In addition, USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if: The form was filed up to 90 calendar days […]

Read More

Immigration Update

In this edition, find the latest news on U.S. Citizenship and Immigration Services’ announcement to automatically extend the validity of Permanent Resident Cards for some applicants, the U.S. Customs and Border Protection’s announcing a new visa foil, the Department of Homeland Security’s extension of temporary protected status for Haiti, and more. Green Cards Automatically Extended for Naturalization Applicants Who File on 12/12/22 or Later, USCIS Says U.S. Citizenship and Immigration Services (USCIS) said it is automatically extending the validity of Permanent Resident Cards (green cards) for lawful permanent residents (LPRs) who applied for naturalization on December 12, 2022, or later. USCIS will update the language on Form N-400 receipt notices to extend green cards for up to 24 months for these applicants. The receipt notice can be presented with the expired green card as evidence of continued status as well as for identity and employment authorization under List A of Employment Eligibility Verification (Form I-9) if presented before the expiration of the 24-month extension period, the agency said. LPRs who filed for naturalization before December 12, 2022, will not receive a Form N-400 receipt notice with the extension. If their green card expires, they must still file Form I-90 or […]

Read More