H1-B visa holders as well as other people waiting for employment-based green cards will be eligible to get more detailed information through a new guidance of the United States Citizenship and Immigration Services aimed to further help them.
The recent update follows previous USCIS efforts to provide information for scientists as well as engineers from other countries of options if laid off during a cooperate downsizing, VisaGuide.World reports.
According to a Forbes report, the new guidance is additional proof that the agency has adopted a more welcoming posture when it comes to high-skilled professionals compared to the Trump administration period.
On June 14 this year, USCIS issued a policy that the agency has added guidance to the agency on the eligibility criteria for initial and renewal requests for employment authorization documents in compelling circumstances.
“USCIS may provide employment authorization to beneficiaries of approved employment-based immigrant visa petitions who face delays due to backlogs in immigrant visa availability,” based on the agency.
Beneficiaries who are subject to adverse circumstances as a result of termination from employment as well as loss of nonimmigrant status may be qualified for Employment Authorization Documents (EAD) in case they are subject to 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,” the statement reads.
The agency stressed that it is issuing guidance on EAD in order to explain eligibility criteria and the adjudicatory process for reviewing as well as issuing such EADs.
Based on the guidance, those who apply will be eligible for an initial EAD based on compelling circumstances, if they meet the following requirements:
The applicant is the principal beneficiary of approved Form l-140, Immigration Petition for Alien Workers, in the first second, or third employment-based preference category.
The principal applicant is in valid H-1B, E-3, H-1B1, O-1, or L-1 nonimmigrant status or authorized grace period when they file the Form l-765 Application for Employment Authorization, the principal applicant has not filed an adjustment of status application among others.
Based on the guidance, the term compelling circumstances is not defined in the regulation and offers have case-by-case discretion based on the proof that applicants provide.
At the same time, the guidance provides examples known as non-exhaustive when compelling circumstances may exist under the current regulations.