USCIS has implemented a new policy update that establishes eligibility criteria for obtaining employment authorization documents (EADs) based on “compelling circumstances.” If you are currently waiting for your green card and experiencing delays due to visa backlogs, you may qualify for an EAD. This provision offers temporary assistance during challenging situations, such as job loss and the risk of losing nonimmigrant status.
To be eligible for this relief, certain requirements must be met. You must possess an approved Form I-140 (“Immigrant Petition for Alien Workers”) and maintain valid nonimmigrant status, such as E-3, H-1B, H-1B1, O-1, or L-1. Additionally, you should not have submitted an adjustment of status application, and your priority date for an immigrant visa should not be current according to the U.S. Department of State’s Visa Bulletin. Both you and your dependents will need to provide biometrics and have a clean record. It is important to note that an EAD granted under compelling circumstances can be renewed annually, but it does not automatically extend. This guidance is effective as of June 14, 2023.
Remzi Guvenc Kulen, Esq.
Kulen Law Firm, P.C.
