The U.S. Citizenship and Immigration Services (USCIS) issued new eligibility guidelines for individuals who want to apply for or renew their Employment Authorization Documents (EADs) based on compelling circumstances. These guidelines follow the rules found in 8 CFR 204.5(p).
To qualify for an initial EAD based on compelling circumstances, an individual must meet the following requirements:
- The individual must be the main person named on an approved Form I-140, which is a petition for immigrant workers. This applies to people in the first, second, or third employment preference category.
- The individual must have a valid nonimmigrant status or be in a grace period authorized under E-3, H-1B, H-1B1, O-1, or L-1 categories when you apply for the EAD.
- The individual should not have applied for a change of status to become a permanent resident.
- The “priority date” on the individual’s application, which can be found in the U.S. Department of State’s Visa Bulletin, must show that an immigrant visa is not available right now.
- The primary applicant and their dependents must provide biometric information as required.
- The primary applicant and their dependents should not have been convicted of a serious crime or have two or more misdemeanor convictions.
- USCIS will decide if an individual’s situation presents compelling circumstances that justify giving the person an EAD.
The guidelines also talk about compelling circumstances for primary applicants and their dependents. They give examples of situations that could be considered compelling circumstances, like serious illness or disability, problems with an employer or being treated unfairly, significant harm to the individual, or major problems for their employer. The guidelines also explain what kind of evidence individuals can provide to demonstrate their situation.
If you have questions about the EAD program, special circumstances, or any other immigration issues, please contact us. We stay updated on the latest changes in U.S. immigration policies so we can provide the proper guidance for your situation based on the newest developments.