The Immigration Service has announced that a new policy will allow certain immigrants facing “urgent” or “urgent” circumstances to qualify for employment authorization (EAD).
The new rule, or policy guidance, establishes new eligibility for initial and renewal applications for Employment Authorization Documents (EADs) “in circumstances where necessary based on existing regulatory requirements,” the Bureau of Citizenship and Immigration Services (USCIS) said.
Under the new guidelines, those who meet the following eligibility requirements are eligible for a work permit “under exigent circumstances”:
- The primary applicant is the primary beneficiary of an approved Form I-140 (Immigrant Petition for Alien Worker) in the first, second, or third preference categories based on employment (according to the Visa Bulletin);
- The principal applicant has nonimmigrant status E-3 (some Australian experts), H-1B (Foreign Professional Workers), H-1B1 (Dependent of Foreign Professional Worker), OR-1 (of extraordinary abilities or accomplishments) or L-1 (transfer of executives or managers within the same organization) is valid or within an approved grace period when you file Form I-765 (Application for Employment Authorization -EAD-);
- The principal applicant has not filed an application for adjustment of status;
- The principal applicant is not eligible for an immigrant visa based on the applicant’s priority date, as of the applicable final action date in the Department of State’s (DOS) visa bulletin when Form I-765 is filed;
- Applicant provides biometric data as required;
- The applicant has not been convicted of a felony or two or more misdemeanors; And
- USCIS, in its discretion, demonstrates compelling circumstances that warrant the issuance of employment authorization to the principal applicant.
Why the new work permit rule?
Immigration attorneys consulted by Univision News agree that delays in the immigration service and the system in general to issue new work permits and benefits, including renewals, are a major cause.
“It’s a big change,” says Jaime Barron, who practices in Dallas, Texas. “Any assistance that facilitates access to employment authorization or any other legal immigration benefits available is welcome.”
Baran points out that the new guide will mainly help foreigners who are legally in the country and qualify for a work permit, not only to be able to manage the document, but also to “avoid the situation of dismissal or loss of the ability to work legally. In a company”.
As for those with some type of criminal record or those who have been convicted of a serious crime, Baron said, “It’s a good idea to seek legal help right away, especially when it comes to complex matters. It’s cheaper than making a mistake and losing your right to stay in the United States.”
What are ‘compelling’ circumstances for USCIS?
The new rule lists the circumstances under which emergency work permits can be issued to both principal applicants and their dependents, for example:
- serious diseases;
- Disadvantages;
- employer disputes or retaliation;
- Other substantial damage to the applicant, or significant disruption to the employer.
USCIS says the guidance provides details on the evidence an applicant can present to prove one of these compelling circumstances.
Among them, it stands out:
- A primary applicant with an approved immigrant visa petition in an oversubscribed visa category;
- Applicants who have lived in the United States for a substantial period of time may present evidence such as higher education or school enrollment records, mortgage records, or long-term lease records.
- Emergency situations include when a family is forced to sell their home at a loss, take their children out of school, and move to their home country due to job loss.
“On a case-by-case basis, an applicant for employment authorization under ’emergency’ circumstances must present “adequate and compelling evidence,” Barron suggested.
What the USCIS database says
As of December 31, 2022, USCIS had 8,841,152 cases accumulatedA historical record that shows the problems in which the American immigration system finds itself.
The agency’s database also revealed the following are on the waiting list:
- 387,871 Forms I-765 (Asylum Work Authorization Petitions)
- 322,455 Forms I-765 (Petitions for Work Permits to Adjust Status);
- 122,656 Forms I-765 (Dreamer Work Authorization Requests under the DACA Program); And
- 551,487 Forms I.765 (Requests for work permits for other reasons).
Regarding admissions of aliens with E-3, H-1B, H-1B1, O1, and L-1 visas, the Department of Homeland Security (DHS) database reports the following returns for fiscal year 2021:
- E-3 Visa: 9,154 Additions
- H-1B Visa: 148,603 Additions
- H-1B1 Visa: 373 Additions
- O-1 Visa: 5,687 Additions
- L-1 Visa: 116,120 Additions
