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USCIS Provides Guidance on Employment Authorization Documents Based on Compelling Circumstances

USCIS Provides Guidance on Employment Authorization Documents Based on Compelling Circumstances

Published In News . 14 . June . 2023

On 06/14, U.S. Citizenship and Immigration Services released policy guidance on the eligibility criteria for initial and renewal applications for employment authorization documents (EADs) in 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 I-140 petition 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 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 the Application for Employment Authorization;
  • 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.

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