U.S. Citizenship and Immigration Services (USCIS) released policy guidance outlining eligibility criteria for initial and renewal applications for Employment Authorization Documents (EADs) in compelling circumstances. These guidelines are based on existing regulatory requirements found in 8 CFR 204.5(p).

To qualify for an initial EAD based on compelling circumstances, the applicant must meet the following eligibility criteria:

  • The principal applicant must be the beneficiary of an approved Form I-140, Immigrant Petition for Alien Workers. This applies to individuals in the 1st, 2nd, or 3rd employment-based preference category.
  • The principal applicant must be in a valid nonimmigrant status or an authorized grace period under E-3, H-1B, H-1B1, O-1, or L-1 categories when submitting Form I-765, Application for Employment Authorization.
  • The principal applicant should not have filed an adjustment of status application.
  • The principal applicant’s priority date, as indicated by the relevant Final Action Date in the U.S. Department of State’s Visa Bulletin, must show that an immigrant visa is not currently available.
  • Biometrics must be provided by both the applicant and their dependents as required.
  • Neither the applicant nor their dependents should have a felony conviction or two or more misdemeanors.
  • USCIS, at its discretion, must determine that the principal applicant presents compelling circumstances justifying the issuance of employment authorization.

The policy guidance also addresses compelling circumstances for principal applicants and their dependents. It offers a non-exhaustive list of situations that could support a finding of compelling circumstances, including serious illness or disability, employer disputes or retaliation, significant harm to the applicant, or major disruption to the employer. Further, the guidance outlines the types of evidence an applicant could submit to demonstrate their situation.

If you have questions about the EAD program, compelling circumstances, or any other immigration-related issue, contact us at ILBSG. We actively monitor ongoing updates on U.S. immigration policy to ensure our clients get the right advice for their particular situations with the latest developments.

Compelling Circumstances EAD Employment Authorization Documents