June 24th, 2023 at 04:39 am
USCIS New Guidelines for H-1B Visa Holders & Green Card Applicants | US Immigration
On June 20, 2023, the USCIS released new guidelines to assist H-1B visa holders and applicants for employment-based green cards. Through this new guidance, H-1B visa holders and other individuals waiting for employment-based green cards are able to obtain more specific information.
In comparison to the time under the Trump Administration, the new guideline shows that the agency has adopted a more welcoming stance toward highly skilled employees. In June 2023, USCIS published a policy stating that in cases where there are compelling circumstances, the agency has added guidance on the eligibility requirements for first and renewal applications for employment authorization documents.
If someone has compelling circumstances beyond the typical hardship associated with losing their job, they may qualify for Employment Authorization Documents (EAD). Adverse circumstances include loss of employment and non-immigrant status.
The agency emphasized that it is providing EAD guidelines to clarify eligibility requirements. Additionally, it provides an adjudicative process for examining and issuing such EADs by guidance. Applicants who meet the following qualifications will qualify for a first EAD based on compelling circumstances.
The primary beneficiary of the approved form L-140 Immigration Petition for Alien Workers is the applicant.
Also, with form L-765, the principal applicant holds an invalid H-1B, E-3, H-1B1, O-1, or L-1 non-immigrant status.
Among other things, the primary applicant has not submitted a request for modification of status.
The phrase “compelling circumstances” is not specified in the rule. However, offers are made based on the applicant’s proof on a case-by-case basis. Discretion is based on the applicant’s proof.
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