USCIS Policy Alert: EADs Based on Compelling Circumstances

USCIS, June 14, 2023

"...USCIS may provide employment authorization to beneficiaries of approved employment-based immigrant visa petitions who face delays due to backlogs in immigrant visa availability. Beneficiaries who face adverse circumstances resulting from termination from employment and loss of nonimmigrant status, may qualify for an Employment Authorization Document (EAD) if they face compelling circumstances beyond the usual hardship associated with job loss. This compelling circumstances-based EAD is a temporary stopgap measure intended to address particularly difficult situations, including those that may have otherwise forced individuals on the path to lawful permanent residence to abruptly stop working and leave the United States. USCIS is now issuing guidance on EADs based on compelling circumstances to explain eligibility criteria and the adjudicatory process for reviewing and issuing such EADs. This guidance, contained in Volume 10 of the Policy Manual, is effective immediately and applies prospectively to applications filed on or after June 14, 2023. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance."