In this video, attorney Jacob Sapochnick discusses a new form of relief provided by USCIS, specifically for green card applicants who are facing compelling circumstances. Such individuals may request a renewable 1-year temporary work authorization (EAD) based on their “compelling circumstances,” by filing Form I-765 Application for Employment Authorization. Dependents may also request a compelling circumstances EAD.
If you would like to know more about who can apply for this work permit and eligibility, just keep on watching!
Employment Authorization Document (EAD) based on Compelling Circumstances
This temporary employment authorization may be provided to certain nonimmigrants who are the beneficiaries of approved employment-based immigrant visa petitions, and who are facing compelling circumstances, such as losing a job.
In order to qualify for a compelling circumstance employment authorization document (EAD), you must:
- Be in the United States in E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status, including in any applicable grace period, on the date you file the application for employment authorization;
- Be the principal beneficiary of an approved Form I-140;
- Establish that an immigrant visa is not authorized for issuance to you based on your priority date, preference category, and country of chargeability according to the Department of State’s Visa Bulletin on the date you file your application for employment authorization; and
- Demonstrate that compelling circumstances exist that would justify USCIS using its discretion to issue you an independent grant of employment authorization.