The United States Citizenship and Immigration Services (USCIS) has issued unprecedented policy guidelines on the eligibility requirements for work authorization papers (EADs) based on compelling circumstances. This change allows persons facing undesirable situations, such as job termination or visa backlogs, to apply for an EAD and continue working legally in the United States.
So, how might an Indian in the United States benefit from these new rules? Let’s go over the procedure step by step.
Step 1: Determine Eligibility
The applicant must meet specific standards in order to be eligible for a first EAD based on compelling circumstances. These include being the primary beneficiary of a Form I-140 that has been authorised, being in a certain nonimmigrant status such as E-3, H-1B, H-1B1, O-1, or L-1, and not having submitted an adjustment of status application. Furthermore, the applicant’s priority date should not coincide with an available immigrant visa according to the Visa Bulletin of the United States Department of State. It is critical to meet these requirements before advancing.
Gather Supporting Evidence in Step 2
Serious illness, disability, employer disputes, or considerable interruption to the company might all result in compelling circumstances. Applicants must build a persuasive case by giving evidence that backs up their claims. Individuals with accepted immigrant visa applications in oversubscribed categories, for example, might submit papers such as enrollment records, mortgage records, or long-term leasing agreements to illustrate the possible impact of job loss, such as forced relocation, on their family.
Step 3: Submit Form I-765.
The following step is to fill out and submit Form I-765, Application for Employment Authorization. Fill out the form completely and accurately, since any errors or missing information will cause the procedure to be delayed. Include all essential supporting material to bolster your case and improve your chances of approval.
Step 4: Provide Biometrics
The applicant and their dependents must furnish biometrics, which may include fingerprinting and pictures, as part of the application procedure. This stage is critical for identity verification and aids USCIS in processing the application efficiently.
Step 5: Wait for the USCIS Decision
Once filed, the application will be reviewed by USCIS based on the compelling circumstances guidelines provided. These EADs are adjudicated by determining eligibility, analysing evidence, and making a discretionary decision. It is critical to be patient during this time, since processing timeframes may vary.
Congratulations if your application is approved! The candidate will be given an Employment Authorization Document, which will allow them to work legally in the United States. It is critical to stick to the validity period provided and to comply with all applicable rules and regulations.
Individuals who have a compelling circumstances-based EAD are regarded to be in a period of authorised stay, which means they do not accrue unlawful presence. However, under INA 245(a), eligibility for change of status may be impacted. Nonetheless, such persons can depart the United States and apply for an immigrant or nonimmigrant visa at a consular post abroad without risking inadmissibility owing to unlawful presence.
Individuals facing difficult conditions now have hope and opportunity thanks to the amended standards for employment authorization. An Indian in the United States can manage the procedure and perhaps benefit from the amended Employment Authorization Documents rules by following this step-by-step instructions.
