USCIS hasissued a policy alert and hasupdated its policy manual toprovide additional guidance on the compelling circumstances that may warrantthe issuance of certain Employment Authorization Documents (EADs).
Under thecurrent regulation, USCIS may, in its discretion, issue EADs to certain I-140beneficiaries who, at the time of filing Form I-765: (1) hold E-3, H-1B, H-1B1,O-1, or L-1 nonimmigrant status; (2) have an I-140 priority date that is notcurrent according to the visa bulletin; and (3) can demonstrate compellingcircumstances that justify the issuance of employment authorization.
Anindividual with a valid compelling circumstances-based EAD is considered byUSCIS to be in a period of authorized stay, and therefore will not accrueunlawful presence.
In itsupdated policy manual, USCIS providesa non-exhaustive list of situations that could lead to a finding that compellingcircumstances exist, including:
- serious illness and disability,
- employer dispute or retaliation,
- other substantial harm to the applicant, or
- significant disruption to the employer.
The updated policymanual also provides guidance on evidence an applicantcould submit to demonstrate compelling circumstances such as:
- school or higher education enrollment records,
- mortgage records, or
- long-term lease records
Finally, USCIS confirms in its policy manual thata compelling circumstances-based EAD will be granted for a validity period ofup to 1 year, with the possibility of subsequent renewal(s).