USCIS Unveils New Policy Guidance on EAD Eligibility: Empowering Applicants in Compelling Circumstances

In a move aimed at providing relief to certain individuals facing extraordinary circumstances, USCIS has released policy guidance outlining the eligibility criteria for Employment Authorization Documents (EAD) issued under compelling circumstances. This development opens up new avenues for individuals who find themselves in challenging situations, allowing them to seek employment authorization in the United States. 
 
To be eligible for an initial EAD based on compelling circumstances, applicants must meet specific requirements as outlined by USCIS. These requirements include: 
 
1. The principal applicant must be the beneficiary of an approved Form I-140, Immigrant Petition for Alien Workers, in the 1st, 2nd, or 3rd employment-based preference category. 

2. The principal applicant must be in valid E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status or authorized grace period at the time of filing the Form I-765, Application for Employment Authorization. 

3. The principal applicant must not have filed an adjustment of status application. 

4. An immigrant visa must not be available to the principal applicant based on their priority date, as per the relevant Final Action Date in the U.S. Department of State's Visa Bulletin at the time of filing Form I-765. 

5. The applicant and their dependents must provide biometrics as required. 

6. The applicant and their dependents must not have been convicted of a felony or two or more misdemeanors. 

7. USCIS must determine, at its discretion, that the principal applicant demonstrates compelling circumstances justifying the issuance of employment authorization. 
 
Compelling circumstances encompass a range of situations, including but not limited to injury or illness, employer retaliation, or significant harm to either the employee or employer. For more detailed information on compelling circumstances, individuals are encouraged to visit USCIS's website or consult with an immigration expert or attorney. 
 
This policy guidance represents a significant step forward in recognizing the unique challenges faced by certain individuals and providing them with an opportunity to obtain employment authorization. Our law firm stands ready to assist individuals navigating the complexities of compelling circumstances and guide them through the application process, ensuring their rights and interests are protected. 
 
As USCIS continues to prioritize flexibility and inclusivity, we remain committed to staying abreast of any further developments and providing our clients with the most up-to-date information and expert guidance. 

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