US relaxes rules for immigrants facing compelling circumstances, check details here

Amid the global layoffs by firms, the United States has taken the initiative to relax the eligibility criteria for renewal and initial applications for employment authorization documents (EADs) in compelling circumstances.

As per official details, EADs (Form I-766/EAD) are a way to prove if a person is authorized to work in the United States.

The EADs are provided to a few non-immigrants -- beneficiaries of approved employment-based immigrant visa petitions and their qualifying spouse and children. These are also provided to people caught in the continually expanding backlogs for immigrant visas and face compelling circumstances.

With this new move, the administration is trying to address certain difficult situations, including those previously may have forced individuals on the path to lawful permanent residence to abruptly stop working and leave the United States, reported Economic Times.

Here are eligibility requirements for an initial EAD:

1) Must be a principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Workers, in either the 1st, 2nd, or 3rd employment-based preference category;

2) Must come under a valid E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status or authorized grace period when you file the Form I-765, Application for Employment Authorization

3) Not filed an adjustment of status application

4) Both the applicant and the applicant's dependents provide biometrics as required

5) Both the applicant and the applicant's dependents have not been convicted of a felony or two or more misdemeanors

6) As per USCIS, the applicant must demonstrate compelling circumstances that justify the issuance of employment authorization.

In case of the applicant receive a compelling circumstances EAD, and begins working based on this EAD, he or she will be in a period of authorized stay, but will no longer be maintaining nonimmigrant status. If a non-frivolous application is filed on time, while the application is pending the applicant will not accrue unlawful presence in the US.

How to Apply:

The willing applicant must file Form I-765, Application for Employment Authorization, to request an initial grant of employment authorization under category (c)(35) or (c)(36). They must receive an EAD from USCIS before they can begin working under this employment authorization.

1) Proper filing fees or signature is mandatory. For this, the candidate must read the Filing Fee section on the Form I-765 page to find what fee to pay.

2) Submit sufficient supporting evidence.

To renew employment authorization in one-year increments if you are:

1. The principal beneficiary of an approved Form I-140:

- File your renewal application before your current EAD expires and

- Can establish either 1 or 2 below:

a) An immigrant visa is not authorized for issuance to a candidate based on priority date, preference category, and country of changeability according to the Final Action Date in effect on the date he/she files EAD renewal application.

b) The difference between your priority date and the relevant Final Action Date is one year or less. In this situation, the candidate does not have to show compelling circumstances.

2) The dependent spouse or child:

- File your renewal application before your current EAD expires

- Relationship with the principal beneficiary continues.