The Center for Immigration Studies is an independent, non-partisan, non-profit research organization founded in 1985. It is the nation’s only think tank devoted exclusively to research and policy analysis of the economic, social, demographic, fiscal, and other impacts of immigration on the United States.
While it may be difficult on an emotional or logistical level for an alien to relocate to their home country at the end of their authorized period of stay for the reasons provided above, aren’t these types of situations simply the natural conclusion to participation in a temporary work program in a foreign country? Surely, Congress did not condition the validity period of a nonimmigrant visa (and corresponding work authorization document) to the existence of a favorable housing market.
Congress deliberately imposed these limits on legal immigration to address a variety of competing policy interests, including to protect the domestic labor market. USCIS’s policy, nevertheless, furthers the open-borders idea that all an alien must to do to live and work in the United States permanently is arrive and stay out of trouble. That is not the system Congress created.
If Congress wanted to permit these classes of aliens to remain and work in the United States pending the availability of an immigrant visa beyond the scope of their nonimmigrant visa, it has the ability to do so. Nevertheless, Congress has both capped the annual issuance of immigrant visas and limited the time and conditions under which a nonimmigrant worker may remain and work lawfully in the United States. It is unreasonable, however, to consider the need to depart the United States following the end of an alien’s authorized period of stay to be one that should be considered such an unusual hardship that warrants administrative intervention. By limiting authorized periods of stay for nonimmigrant visa categories, Congress implicitly approved a scheme that would require affected aliens to eventually depart the country.The policy guidance explained that “compelling circumstances” is generally meant to cover situations “in which the nonimmigrant is no longer able to continue employment with their employer and faces serious harm … beyond that which is normally associated with job loss.” USCIS includes situations such as serious illness or disability that adversely affects the principal applicant’s ability to continue their previously approved employment; an employer dispute that affects the alien’s ability to continue the previously approved employment; or significant disruption to the employer because of an alien’s inability to timely extend or change status to continue employment with their employer, as potentially valid circumstances that could warrant issuance or renewal of an EAD.
USCIS’s policy, however, does not require USCIS officers to determine whether the agency would approve the alien’s potential Form I-485 submission prior to issuing the “compelling circumstance EAD.” Rather, the policy is premised on the assumption that the alien who falls out of their nonimmigrant status would still eventually receive a green card. In my view, it is unfair to treat these applicants differently from other prospective immigrants who must wait their turn outside the United States.
Furthermore, just because an alien may have an approved Form I-140, Immigrant Petition for Alien Worker, does not mean that alien will ultimately receive a green card. The alien must still wait for a visa to become available in the appropriate immigrant visa category in order to be able to submit an Form I-485, Application to Register Permanent Residence or Adjust Status, and USCIS may ultimately deny their application for a number reasons.USCIS described the compelling circumstances-based EAD as 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 leaving the United States.” The agency appears to have issued this guidance to expand options to recently laid off foreign workers that depend on employment in the United States in order to retain a lawful immigration status — most of these have H-1B visas. Most troublingly, the document provides an expansive, non-exhaustive list of circumstances that would permit aliens who are soon to fall out of status to nevertheless continue to live and work in the United States. (Most of these have H-1B visas.)
U.S. Citizenship and Immigration Services (USCIS) issued a policy guidance last week explaining the eligibility criteria for employment authorization documents (EADs, i.e.. work permits) based on “compelling circumstances.” This guidance builds off of an existing regulatory provision, found at 8 C.F.R. § 204.5(p), that permits the issuance of “compelling circumstance” EADs to aliens who are currently in an employment-based nonimmigrant status (on E–3, H–1B, H–1B1, O–1, or L–1 visas) and who have an approved Form I-140, Immigrant Petition for Alien Workers (meaning that they may one day be eligible to receive a green card).
While USCIS states that “compelling circumstances,” should not include “reaching the maximum statutory or regulatory period of allowed nonimmigrant status” generally “without compounding factors,” the agency’s guidance contradictorily provides relatively normal (albeit not ideal) situations as examples of adequately compounding factors. For instance, as an example, the guidance describes “a principal applicant with an approved immigrant visa petition in an oversubscribed visa category … who has lived in the United States for a considerable period of time, and has school-aged children and a mortgage, may face compelling circumstances if, due to job loss, the family may otherwise be forced to sell their home for a loss, pull the children out of school, and relocate to their home country.”
It’s inherent in human nature that we don’t want to miss out on something potentially great (there’s even a phenomenon called FOMO – fear of missing out). That being said, a countdown timer (in combination with risk reversal or a bonus) is often more than enough to kick us into action and get us to buy before the time runs out.
In fact, it’s been proven that risk reversal can double your conversion rate. That being said, your compelling offer needs to include some kind of a risk reversal incentive. Some of the most commonly used risk reversal techniques are a free trial or a money-back guarantee.People who are not familiar with your company, brand, or products are going to be wary and skeptical. They’re not going to buy from you just because you say that you have a good product. Instead, you need to ease their worries and convince them that you can deliver on what your offer promises – and this is where risk reversal kicks in.
That being said, whatever it is that you’re offering (a product, service, education, consultancy, and so on), you’ll have a much better chance of success if you make that offer as compelling as possible.Creating a compelling offer requires extensive knowledge of your target audience and their specific needs and challenges, but you must also be very familiar with the industry and your niche, have excellent copywriting skills and the ability to deliver on what your offer promises.
What is an example of compassionate circumstances?
Nonetheless, the examples of circumstances may include: natural disaster or major political upheaval in your home country which requires immediate emergency travel.
Keep in mind that “a bonus” doesn’t necessarily mean you have to lower your prices or give something away for free – it just means that you’re adding more value to your initial and main offer, making it more compelling.
There’s one thing no business can thrive or operate profitably without – a compelling offer. It’s the heart of any business success and the lifeblood that keeps all the business processes moving seamlessly forward.
It’s an indisputable fact that customers simply adore bonuses. Just think about all the times a bonus offer, bundled up with the main product, has smooth-talked you into buying something. Bonuses can come in many shapes and forms – it can be an additional product, a discount, a voucher, a gift card, and much more. They are essential to your compelling offer.
In case you don’t want to put an expiry date to your compelling offer, you can create a sense of scarcity by limiting the number of items or slots available.Second, as already mentioned, you need to offer something of real value to your customers. Make sure not to overpromise or underdeliver. In many cases, offers that don’t deliver real value end up being disputed and often lead to a refund and/or a bad review.To put theory into practice, I’m going to provide you with three examples of compelling offers in three different online business areas – consultancy business, e-commerce, and SaaS business.Let’s take Shopify as an example. Shopify is a platform that enables you to easily set up your online shop. It also does an excellent job with compelling offers. In addition to offering a 14-day free trial (risk reversal), it also offers you a possibility to sign up without credit card details (a bonus), which is not something many of its competitors offer.This method is particularly popular amongst consultants, coaches, marketing experts, and so on, as it provides both client and consultant with an opportunity to check whether they’ll be a good fit for each other.
What is the criteria for EAD?
People eligible to apply for an EAD: Spouses of specific employment-based nonimmigrant visa holders (E1, E2, and certain H-1B visa holders) F1 students who are part of an OPT (Optional Practical Training) program. People who are eligible for Deferred Action for Childhood Arrivals (DACA) K1 visa holders.
When there’s risk reversal involved, people know that their money is not just going to disappear leaving them with a bad product or service and, as a consequence, are more likely to buy. But what does a compelling offer mean exactly? To paraphrase Marlon Brando in The Godfather, a compelling offer is that irresistible offer your target customer simply cannot refuse. Usually, it comes immediately after the lead magnet. Annmarie Gianni, a skin care brand, has effectively utilized the power of compelling offers to generate $200,000 in revenue and acquire 20,258 leads in just two months. What did its compelling offer look like?E-commerce is filled to the brim with compelling offers. From technology to beauty products, almost everyone in e-commerce uses compelling offers as a legitimate and highly effective means of increasing their conversion rates and revenue.
Real-world data shows the most crucial sources of traffic for e-commerce websites E-commerce/online retail is a booming sector. But because the latest marketing techniques change so rapidly, it can be tricky to keep up with the latest trends whilst also …..
After taking a skin care quiz and seeing the results, its website visitors were offered a sample selection of skin care products for just $10, a $10-coupon for future purchases, a money-back guarantee (risk reversal), and a free ebook (a bonus).How to make sure your offer is clear and direct enough? Here you need to employ your copywriting skills to ensure the offer is accurately depicted and not shrouded in a veil of mystery. Plus, whenever suitable, you should use numbers, percentages, dates, and quantities to specify the details of your offer.
Let’s take Marcus Taylor as an example. He is an entrepreneur who launched a kind of a Groupon deal for musicians back at the time. While A/B testing his offers, he managed to increase his sales by 332% after adding urgency to one of his offers.
A sense of urgency is a powerful mechanism that can make your offer appear even more appealing (than it really is) to a potential customer. In most cases, a sense of urgency is created by tying an expiration date to your offer.There is no doubt that SaaS (Software as a Service) is the future of doing business online. That being said, SaaS businesses are not immune to utilizing compelling offers either.
Whether you decide to offer a free trial, a bonus product or feature, a discount, or a money-back guarantee, hopefully, some of the tips I shared above will help you make your customers a compelling offer they just can’t turn down.
First, there has to be no doubt about what exactly you’re offering. It has to be completely clear what it is that you’re selling (this should go without saying, but so many brands and businesses out there make this mistake), as confused people aren’t very likely to purchase from you.This is a post we’ve invited from a digital marketing specialist who has agreed to share their expertise, opinions and case studies. Their details are given at the end of the article. Tony Robbins, one of the best-known life coaches in the world, plays the card of risk reversal by offering his clients a free 30-minute session to have the initial talk and see if the potential client is interested in booking a consultation. Obviously, a compelling offer needs to contain the offer itself. It needs to be something attractive that will make your potential customers even more likely to buy. There are at least two things every compelling offer has in common – it’s clear (non-deceitful) and it offers great value.E-commerce 2023: The latest data and forecasts for all things online retail growth It’s interesting to look back at e-commerce growth over the last few years and think forward to the future of this industry. As demonstrated by these charts …..
Of course, it’s quite easy if you’re Nike or Apple and already have an established base of loyal customers who are familiar with the quality of your products. But what if you still have a quality product or service to offer but are new in the business and just trying to get your share of the market?
Create a co-ordinated ‘always-on’ digital marketing strategy for the whole customer lifecycle to boost conversions and retention It’s no secret that engaging your customers is crucial to achieving continued sales, and it’s also well known that it is usually far ….. If the employer will suffer significant disruption of its operations because applicants are unable to maintain their employment due to unforeseen situations, this may be sufficient to establish compelling circumstances. The employer will need to provide evidence of how applicants’ absences will impact its operations and result in significant financial loss or other harm. The foreign national can demonstrate circumstances, which prevents him or her from continuing employment or otherwise maintaining nonimmigrant status, and USCIS finds these circumstances sufficiently compelling to justify issuing the EAD. By enacting the Compelling Circumstances EAD provision, USCIS aimed to provide a temporary benefit for eligible foreign nationals and their family members to continue to reside and work in the United States without interruption. Notably, holders of the Compelling Circumstances EAD are legally authorized to stay in the United States even if their underlying immigration statuses have expired—thus, they are protected from accruing immigration penalties. Situations in which applicants involved in a documented dispute with their employer regarding alleged illegal or abusive conduct, such as a whistleblower action or litigation qualify as a compelling circumstance. Acceptable evidence may include a detailed explanation accompanied by documentation of the dispute or legal filings.
The Compelling Circumstances EAD can be a viable alternative for foreign national workers and their families who are in the process of applying for their green cards but face difficult situations that can impact their ability to maintain their employment and lawful nonimmigrant status in the United States. The new guidelines published by USCIS help bring clarity to the eligibility criteria and make this benefit more accessible to families in need.
USCIS established the Compelling Circumstances EAD provision in 2017 to provide a temporary, stopgap benefit for foreign nationals facing extremely difficult situations that prevent them from maintaining their lawful stay in the United States. Specifically, this provision targets foreign national workers who have been lawfully residing in the United States using work visas including E-3, H-1B, H-1B1, L-1, or O-1—as well as their spouses and minor children—who are in the process of applying for permanent residency (i.e., green cards) and face difficult situations that may force them to immediately stop working and leave the United States before they receive their green cards. These foreign national workers risk jeopardizing their lawful immigration status if their employment with their sponsoring employers terminates for any reason.
Situations in which an applicant is unable to maintain his or her current nonimmigrant status or change to another legal status, and will suffer substantial harm beyond the normal impact of unemployment, qualify as a compelling circumstance. For example, if applicants require medical treatment and will suffer extreme financial hardship from losing their employment and health insurance, this may constitute eligible “compelling circumstances.” If applicants and their dependents are unable t
o return to their home country or will suffer substantially from relocation beyond the normal impact of a job loss, the resulting harm may also be considered under this category. Evidence of substantial harm may include financial records, bills, and other documentation of the applicant’s financial burden and liabilities, as well as the applicants or their dependents’ specialty needs.
The Compelling Circumstances EAD’s requirement to show sufficient “compelling circumstances” has been the most difficult to define of all the eligibility criteria. In the new June 2023 guidance, USCIS has provided a more detailed explanation on the categories of compelling circumstances first highlighted in the 2017 rule, including examples of required evidence:
What is a compelling circumstance?
What circumstances are considered compassionate or compelling? Compassionate and compelling circumstances are generally those beyond your control and which have an impact upon your course progress or wellbeing.
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Importantly, USCIS will evaluate the circumstances of each case on a discretionary, case-by-case basis. The overarching emphasis in the new policy guidance is that for a circumstance to be found sufficiently compelling there must be a compounding factor that elevates the resulting hardship beyond the ordinary difficulties associated with a job loss or the end of an authorized work visa term.
Employers and foreign nationals considering this alternative should keep in mind that this EAD is not a substitute for actual nonimmigrant status. Even though the Compelling Circumstances EAD holder may reside in the United States in a period of authorized stay, this is not the same as maintaining lawful nonimmigrant status. Furthermore, applicants are not authorized for employment until they receive the approved EAD card. EAD processing at USCIS continues to be extensively delayed, with estimated processing times ranging from five to nineteen months at various service centers. A renewal application must be filed before the current EAD expires. Compelling Circumstances EADs are not eligible for automatic extensions or premium processing at this time so applicants must plan accordingly.
In December 2022, USCIS released guidance outlining options for nonimmigrant workers if their employment was terminated. One of the options discussed in the guidance is the Compelling Circumstances EAD.Spouses and minor children of qualified foreign nationals may also apply for the Compelling Circumstances EAD. The EAD is valid for one year and can be renewed if the applicant can show that compelling circumstances continue to exist or the applicant’s I-140 priority date is no more than one year away from the current date on the Visa Bulletin.
The priority date of the approved I-140 petition must not have yet reached the current date on the final action chart of the Department of State Visa Bulletin.Situation in which applicants or their dependents are facing a serious illness or a disability that prevents them from maintaining their currently authorized employment and subsequently affects their ability to maintain their nonimmigrant status in the United States qualifies as a compelling circumstance. For example, the applicant may be forced to move to another part of the United States to seek medical care, and departure from the United States will likely impact his or her health and ability to obtain proper care. Acceptable evidence may include a detailed explanation supplemented by a medical record and other information related to the applicant’s inability to maintain his or her current employment.
On June 14, 2023, the United States Citizenship and Immigration Services (USCIS) released detailed guidance regarding the eligibility criteria for the Compelling Circumstances Employment Authorization Document (EAD) application. The new guidance delineates seven eligibility criteria applicants must meet to qualify for the Compelling Circumstances EAD, and provides specific examples of situations that USCIS may find sufficiently compelling to warrant issuing the EAD. This guidance provides employers clarity on a benefit that may bring relief to foreign nationals who are facing difficult decisions in maintaining their immigration status and work authorization in the United States.
The National Law Review – National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 or toll free (877) 357-3317. If you would ike to contact us via email please click here. The foreign national must be presently residing in the United States in valid, unexpired E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status (including any applicable grace periods). If you are in another status apart from H-1B, or use the grace period to change your status from H-1B to another status, you must wait for the petition with the new employer to be approved before beginning employment under the new status. As described below, however, as long as the petition or application for change of status is non-frivolous and filed before the end of the grace period (or your authorized validity period, whichever is shorter), you may remain in the United States in an authorized period of stay.Some workers may be eligible to file a self-petitioned immigrant visa petition concurrently with an adjustment of status application. Examples of immigrant classifications that are eligible for self-petitioning include EB-1 Extraordinary Ability and EB-5 Immigrant Investor. Workers with a pending adjustment application are generally eligible to remain in the United States in a period of authorized stay and obtain an Employment Authorization Document (EAD).
How long does it take to get EAD approval?
60 to 90 days You can expect the completion of the EAD process within 60 to 90 days after you submit the requested evidence. You can expect a longer waiting time due to some factors, including the following: the number of applications USCIS receive. USCIS workload and staffing allocations.
When a nonimmigrant worker’s employment is terminated, either voluntarily or involuntarily, they typically may take one of the following actions, if eligible, to remain in a period of authorized stay in the United States: The timely filing of a non-frivolous application to change status will “toll,” or stop, the accrual of unlawful presence until the application is adjudicated, as long as the applicant did not work without authorization, either before the application was filed or while it was pending, and the applicant maintained their status prior to the filing of the request for change of status. If one of these actions occurs within the up to 60-day grace period, the nonimmigrant’s period of authorized stay in the United States can exceed 60 days, even if they lose their previous nonimmigrant status. If the worker takes no action within the grace period, they and their dependents may then need to depart the United States within 60 days, or when their authorized validity period ends, whichever is shorter.A compelling circumstances EAD is a discretionary stopgap measure intended to assist certain individuals on the path to lawful permanent resident status by preventing the need to abruptly leave the United States. Workers who begin employment on a compelling circumstances EAD will no longer be maintaining nonimmigrant status but generally will be considered to be in a period of authorized stay, and will not accrue unlawful presence in the United States while the EAD is valid. More information about eligibility requirements and the application process can be found on our Employment Authorization in Compelling Circumstances page.Within the grace period, eligible H-1B nonimmigrant workers may also begin employment again as soon as a new employer properly files a new H-1B petition, rather than waiting for the new petition to be approved. A worker filing for employment in another classification must wait to begin employment until the new petition is approved, but given the availability of premium processing, the wait for petition adjudication is often less than 15 days.When nonimmigrant workers are laid off, they may not be aware of their options and may, in some instances, wrongly assume that they have no option but to leave the country within 60 days.
If the worker is an eligible H-1B nonimmigrant and an employer timely files a new nonfrivolous H-1B petition on their behalf, the worker can begin work immediately after USCIS receives the petition and continue to maintain their H-1B status.
Nonimmigrant status is typically based on an approved Form I-129, Petition for a Nonimmigrant Worker, or after admission, a subsequently approved Form I-539, Application to Extend/Change Nonimmigrant Status. A period of authorized stay typically includes the period when a timely filed nonfrivolous petition or application requesting an extension of stay or change of status is pending with USCIS, as described in detail below.Once abroad, H-1B holders may seek U.S. employment and readmission to the United States for any remaining period of their H-1B status. Those seeking another classification for which they may be eligible can complete the application or petition process abroad and seek readmission to the United States.
What are examples of compelling circumstances?
Compelling circumstances could include, if, due to job loss, the family may otherwise be forced to sell their home for a loss, pull their children out of school, and relocate to their home country. Cached
Workers who are the beneficiary of an approved employment-based immigrant visa petition (Form I-140) may be eligible for a compelling circumstances Employment Authorization Document (EAD) for up to one year if they:
Some circumstances may warrant expedited adjudication, including applications to change status to a dependent status that includes eligibility for employment authorization. For example, an application to change status from H-1B to L-2 may be eligible for expedited adjudication to prevent severe financial loss. See the How to Make an Expedite Request page for additional information. Please note that USCIS generally does not consider expedite requests for petitions and applications if premium processing service is available.
For example, if an individual files a non-frivolous application to change status before the end of the applicant’s maximum 60-day grace period, they will not accrue unlawful presence while the application remains pending, even after the maximum 60-day grace period has elapsed (again, as long as they did not work without authorization either before the application was filed or while it was pending). If the application is ultimately approved, then the individual’s status is changed, and the individual is considered to have been in a period of authorized stay for the entire time the application was pending. If the application is denied, then the individual starts to accrue unlawful presence the day after the denial decision. Please see our Unlawful Presence and Inadmissibility page for more information.Regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents) to be considered as having maintained status in that same classification after the end of employment for up to 60 consecutive calendar days or until the end of the authorized nonimmigrant validity period, whichever is shorter (the “maximum 60-day grace period”). See 8 CFR 214.1(l)(2).
The worker can preserve their period of authorized stay in the United States, however, as long as the worker timely files, if eligible, an application for a change of nonimmigrant status, an application for adjustment of status, or an application for a compelling circumstances employment authorization document, or if the worker is the beneficiary of a nonfrivolous petition to change employer before their nonimmigrant status expires.
The grace period also provides time for certain spouses of nonimmigrant workers to continue their own employment if they have an Employment Authorization Document or are employment-authorized incident to status.An individual’s automatic extension period may terminate prior to the maximum period (either 540 or 180 days) either automatically when USCIS issues a denial of the applicant’s Form I-765 renewal application or upon notice.The automatic extension period, including the temporary increase to the extension period, is provided to certain renewal applicants to help prevent gaps in employment authorization and documentation.
If you file a Form I-765 renewal application on or after May 4, 2022, USCIS will send you a Form I-797C Notice of Action receipt notice that has information regarding the up to 540-day automatic extension. If you are eligible for the automatic extension, this receipt notice, together with your expired EAD (and your unexpired Form I-94, if you are an H-4, E, or L-2 dependent spouse, including E-1S, E-2S, E-3S and L-2S class of admission codes) will serve as acceptable proof of employment authorization and/or EAD validity during the up to 540-day automatic extension period.
If you filed a Form I-765 renewal application before May 4, 2022, you should have received a Form I-797C Notice of Action receipt notice that describes the automatic extension period of up to 180 days. You will not receive a new I-797C receipt notice reflecting the increased employment authorization and/or EAD automatic extension period. However, Form I-797C receipt notices that refer to an up to 180-day automatic extension will still meet the regulatory requirements for completing Form I-9, including if your 180-day automatic extension expired prior to May 4, 2022.Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”. To present acceptable proof of the automatic extension of employment authorization and/or EAD validity, you can show your Form I-797C receipt notice that refers to the 180-day extension, along with your qualifying EAD (and also your unexpired Form I-94, if you are an H-4, E, or L-2 dependent spouse, including E-1S, E-2S, E-3S and L-2S class of admission codes). This document combination is sufficient proof of an up to 540-day automatic extension, counting from the expiration date on your current EAD. If you are a renewal applicant and your 180-day automatic extension expired before May 4, 2022, you can still receive the benefit of the temporary increase of the automatic extension period. Your employment authorization and/or EAD validity will automatically resume beginning on May 4, 2022, for any time remaining within the up to 540-day automatic extension period. To calculate whether there is any automatic extension time remaining, count 540 days from the expiration date stated on the front of the EAD, or use this calculator. (If you are an H-4, E, or L-2 dependent spouse, including E-1S, E-2S, E-3S and L-2S class of admission codes, count up to either 540 days or the expiration date on Form I-94, whichever is earlier.) Employers should complete Form I-9 using the same guidance applicable to those who present a Form I-797C Notice of Action receipt notice indicating that the Form I-765 renewal application was filed before May 4, 2022, and that states the normal 180-day automatic extension period.If you file your STEM OPT extension application on time and your OPT period expires while your extension application is pending, we will automatically extend your employment authorization for 180 days. This automatic 180-day extension ceases once USCIS adjudicates your STEM OPT extension application.
Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. However, DHS has published a temporary final rule increasing the extension period. Effective May 4, 2022, DHS is temporarily increasing the extension period and providing up to 360 days of additional automatic extension time, for a total of up to 540 days, to eligible renewal applicants. The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. This temporary increase is available to eligible renewal applicants with pending applications if you filed your Form I-765 renewal application either:Additional information on filing a STEM OPT extension application is available on the Optional Practical Training Extension for STEM Students (STEM OPT) page.NOTE: F-1 students who have a pending STEM optional practical training (OPT) extension application are not eligible for the temporary increase of the automatic extension period under the temporary final rule published on May 4, 2022. That temporary increase of the automatic extension period under 8 CFR 274a.13(d) only applies to the categories listed in the chart above. * For more information on the options available to demonstrate employment authorization for E spouses and L spouses, see E-1 Treaty Traders page (Family of E-1 Treaty Traders and Employees section), E-2 Treaty Investors page (Family of E-2 Treaty Investors and Employees section), E-3 Certain Specialty Occupation Professions from Australia page (Family of E-3 Nonimmigrant Workers section), L-1A Intracompany Transferee Executive or Manager page (Family of L-1 Workers section), or L-1B Intracompany Transferee Specialized Knowledge page (Family of L-1 Workers section). Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or EADs while their application is pending. You qualify for this extension if you: For guidance on completing Form I-9 covering automatic extensions and proof of employment authorization for hiring, rehiring, and reverification, as well as all other Form I-9-related guidance, visit I-9 Central. ALERT: Certain TPS beneficiaries and applicants who electronically filed Form I-765, Application for Employment Authorization, did not receive a receipt notice or their receipt notice did not include language about the 540-day automatic Employment Authorization Document (EAD) extension. On or before the week of March 13, we will send these applicants an email and/or text notification instructing them to sign into their USCIS online account and obtain a corrected, printable receipt notice. We will also send corrected paper receipt notices by mail. Please note that, if you are a TPS beneficiary and your TPS country designation is still current, you are authorized to work. However, you must obtain your corrected receipt notice to present when completing Form I-9, Employment Eligibility Verification. If you are eligible for the 540-day automatic EAD extension, any USCIS receipt notice for your Form I-765– together with your expired EAD– will serve as acceptable proof of employment authorization and EAD validity during the automatic extension period.ALERT: For certain applicants who electronically filed Form I-765, Application for Employment Authorization, based on a pending Form I-589, Application for Asylum and for Withholding of Removal, the receipt notice did not include language about the 540-day automatic Employment Authorization Document (EAD) extension. On or before the week of March 20, we will send these applicants an email or text notification instructing them to sign into their USCIS online account. Once signed in, they will find their corrected receipt notice. We will also send corrected paper receipt notices by mail. Please note that if you are eligible for the 540-day automatic EAD extension, any USCIS receipt notice for your Form I-765, together with your expired EAD, will serve as acceptable proof of employment authorization and EAD validity during the automatic extension period.
On June 23, 2022, National Labor Relations Board General Counsel Jennifer A. Abruzzo issued Memorandum GC 22-06 advising Regions that they may seek a judgment to force employers to comply with the specific terms of settlement agreements in unfair labor practice (ULP) charges rather than a default judgment.
In the first ruling from a federal appellate court examining COVID-19–related layoffs and the Worker Adjustment and Retraining Notification (WARN) Act, the Fifth Circuit Court of Appeals held in Easom v. US Well Services, Inc., No. 21-20202 (June 15, 2022), that a mass layoff resulting in part from the economic impact of COVID-19 did not qualify for the “natural disaster” exemption to the WARN Act’s sixty-day notice requirement for mass layoffs. The court also held that for an employer to rely on the exemption, the mass layoff (or plant closing) must be the “direct result” of the natural disaster. This is an important ruling for employers in Louisiana, Mississippi, and Texas.Please understand that merely contacting us does not create an attorney-client relationship. We cannot become your lawyers or represent you in any way unless (1) we know that doing so would not create a conflict of interest with any of the clients we represent, and (2) satisfactory arrangements have been made with us for representation. Accordingly, please do not send us any information about any matter that may involve you unless we have agreed that we will be your lawyers and represent your interests and you have received a letter from us to that effect (called an engagement letter). On July 30, 2020, Wisconsin joined 31 other states—including Alabama, California, and Pennsylvania—with a statewide face covering order. Governor Tony Evers issued Emergency Order #1, requiring all individuals in Wisconsin over the age of five and medically able to do so to don cloth face coverings (not including face shields or mesh coverings) any time they are “indoors or in an enclosed space, other than a private residence,” and in the presence of others outside their households. Ogletree Deakins’ Immigration Practice Group will continue to monitor developments with respect to these and other policy changes and will post updates on the Immigration blog as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.The guidance indicates that compelling circumstances can include “serious illness and disability, employer dispute or retaliation, other substantial harm to the applicant, or significant disruption to the employer.”
When a foreign national applies to adjust status to become a permanent resident, he or she also has the option of applying for Employment Authorization (EAD, Form I-765). However, the Adjustment of Status Application can be filed only if the individual’s priority date has been reached. (The priority date is the filing date that starts the green card process.) For individuals born in India, China, and a few other countries, there is a long wait. For example, for persons born in India, the wait is currently more than 10 years in the Advanced Degree and Bachelor’s and Skilled Level categories.
Unfortunately, there are unreasonable delays at the EAD application stage, as well. Depending on which Service Center is processing the application, it can take five to almost 15 months for approval of an EAD. Meanwhile, the foreign national cannot be employed in the United States.
The new guidance issued by the USCIS on “compelling circumstances” EADs prov
ides helpful information that may mitigate the delays somewhat. The following is a summary:
In an attempt to resolve this problem, the USCIS in 2017 established a “compelling circumstances” category for the filing of initial and renewal applications for EADs. If “compelling circumstances” apply, the foreign national can remain in the United States while the application is pending and for the period of employment authorized by the EAD.The U.S. Citizenship and Immigration Services has issued helpful guidance (available here and here) on how to apply for employment authorization documents based on compelling circumstances.
What is the meaning of compelling circumstances?
What circumstances are considered compassionate or compelling? Compassionate and compelling circumstances are generally those beyond your control and which have an impact upon your course progress or wellbeing.
Without the ability to apply to adjust status, the foreign national is at risk, particularly if subject to a layoff from an H-1B job. Unless the foreign national in these circumstances finds a new job or a new status, he or she will have to leave the United States within 60 days or before the end of the current authorized stay, whichever period is shorter. Needless to say, this also hurts employers.
The applicant may submit with the I-795 application proof that he or she “has lived in the United States for a significant amount of time… such as school or higher education enrollment records, mortgage records, or long-term lease records…” Compelling circumstances also “could include, if, due to job loss, the family may otherwise be forced to sell their home for a loss, pull their children out of school, and relocate to their home country.”
Please see the Form I-765V instructions (PDF, 618.16 KB) for a complete list of eligibility categories. You may also find eligibility categories in section 274a.12, title 8 of the Code of Federal Regulations.Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse, asks for your eligibility category. It is important that you write the correct eligibility category on your application.
What is the new rule for EAD?
Your employment authorization and/or EAD validity will automatically resume beginning on May 4, 2022, for any time remaining within the up to 540-day automatic extension period.
Please see the Form I-765 instructions (PDF, 618.16 KB) for a complete list of eligibility categories. You may also find eligibility categories in section 274a.12, title 8 of the Code of Federal Regulations.
What are the two types of EAD?
USCIS issues the following types of EADs: Initial EAD: This document proves you are allowed to work in the United States. Renewal EAD: This document renews your initial EAD. Generally, you should not file for a renewal EAD more than 180 days before your original EAD expires.
Form I-765, Application for Employment Authorization, asks for your eligibility category. It is important that you write the correct eligibility category on your application. U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident, you may need to prove that you can work in the United States by presenting an Employment Authorization Document (Form I-766/EAD). You may apply for an EAD if you are eligible. If you are working in the United States under a compelling circumstances EAD and a new Form I-129 petition is filed on your behalf, you would not be granted a change of status or extension of stay. After the petition is approved for a new work-authorized classification, you would need to apply for a visa and/or admission from outside the United States to begin working.
What does offer compelling mean?
But what does a compelling offer mean exactly? To paraphrase Marlon Brando in The Godfather, a compelling offer is that irresistible offer your target customer simply cannot refuse. Usually, it comes immediately after the lead magnet.
Your family members may also apply for employment authorization under category (c)(36). If approved, the validity period for their EADs may not extend beyond the period authorized for you, the principal beneficiary.
You must file Form I-765, Application for Employment Authorization, to request an initial grant of employment authorization under category (c)(35) or (c)(36). You must receive an EAD from USCIS before you can begin working under this employment authorization.
If you submit any documents containing a foreign language to USCIS, you must also submit a full English language translation that the translator has certified as complete and accurate. The translator must also certify that they are competent to translate from the foreign language into English.You will not be authorized to work under a compelling circumstances EAD until USCIS approves your Form I-765. If we approve your Form I-765 for an EAD under compelling circumstances, we will grant your employment authorization for one year. You are only authorized to work through the expiration date on your EAD.
What does compelling circumstances mean USCIS?
USCIS described the compelling circumstances-based EAD as 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 leaving the United States.” Cached
Note: If you are filing for a (c)(36) renewal EAD, you do not need to be in a valid nonimmigrant status at the time you file your renewal application. Instead, your EAD must be valid at the time you file your EAD renewal application.NOTE: USCIS considers an applicant with a valid EAD based on compelling circumstances to be in a period of authorized stay by the Secretary of Homeland Security. If you receive a compelling circumstances EAD, and begin working based on this EAD, you will be in a period of authorized stay, but you will no longer be maintaining your nonimmigrant status. However, you generally will not accrue unlawful presence in the U.S. while the EAD is valid or, if you filed a non-frivolous application on time, while your application is pending.
Some unauthorized practitioners may try to take advantage of you by claiming they can file an EAD application. These same individuals may ask that you pay them to file such forms. To learn the facts about how to protect yourself and your family from scams, please visit uscis.gov/avoidscams.
That you are experiencing compelling circumstances that would justify USCIS using its discretion to issue you an independent grant of employment authorization.That an immigrant visa is not authorized for issuance to you based on your priority date, preference category, and country of chargeability according to the Final Action Date in effect on the date you file Form I-765 This temporary employment authorization may be provided to certain nonimmigrants who are the beneficiaries of approved employment-based immigrant visa petitions and their qualifying spouse and children, and who are caught in the continually expanding backlogs for immigrant visas and face compelling circumstances. This stopgap measure is intended to address certain particularly difficult situations, including those that previously may have forced individuals on the path to lawful permanent residence to abruptly stop working and leave the United States. Read our Policy Manual for more detailed information, as well as our resource on Options for Nonimmigrant Workers Following Termination of Employment. If you are working in the United States under a compelling circumstances EAD and your immigrant visa priority date becomes current, you generally would not be eligible to file Form I-485, Application to Register Permanent Residence of Adjust Status. Instead, you would need to request USCIS to notify the Department of State’s National Visa Center (NVC) if your immigrant petition is approved so that you may process your immigrant visa application abroad. For more information on immigrant visa processing, please see the NVC Processing web page.
USCIS may grant employment authorization and issue an Employment Authorization Document (EAD) in these two categories for up to one year if we determine that there are compelling circumstances that justify issuing employment authorization.That compelling circumstances exist that justify USCIS using its discretion to issue you an independent grant of employment authorization (see our Policy Manual for more details)
Note: If you are filing for a (c)(35) or (c)(36) renewal EAD, you do not need to be in a valid nonimmigrant status at the time you file your renewal application. Instead, your EAD must be valid at the time you file your EAD renewal application.The processing fee for EAD renewal is $410 and the biometric service fee is $85. Some categories of people may have the filing fee waived all together (check with the USCIS if you qualify).Now you know the answer to “what is EAD?”. Being a visa holder grants you entry to the U.S., but an EAD grants you the great opportunity to also work here. Make sure you renew your EAD in time so your career does not come to a sudden halt. Apply for your EAD and go make a success of your career here in the StatesYou won’t be able to renew your EAD 180 days before it expires. Wait until there are 120 days left before it expires, and then submit your renewal application.I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.
Make sure you are still eligible. Your application will not be processed if you aren’t eligible. Go through the requirements and criteria again to confirm.
A Green Card grants someone residency in the U.S. A Green Card is also only valid for temporary periods. But, it can be renewed if your application is successful. If you travel abroad, you can use your Green Card in conjunction with your passport to re-enter America. If you have a Green Card, you also have the right to work in the U.S.EAD cards are not valid indefinitely. They are issued to be valid for short periods like a year at a time. This ensures that an EAD card won’t be valid beyond the validity of the holder’s visa. It’s important to apply early enough for the renewal of your EAD.
There are basic categories of people who are eligible for an EAD. Take note an application for an EAD does not mean automatic success even if you are eligible. Different factors can influence the outcome.
Certain visa holders (like L2 visa holders) need an EAD before they are legally allowed to work in the U.S. An EAD is a document that grants its holder this authorization and right.
An EAD authorizes and proves that someone is eligible for employment in the U.S. The EAD’s sole use is to grant the holder the right to be employed. An EAD does not give someone the right to enter the U.S. Eligibility to get an EAD is also dependent on the status of your visa. EADs are not given to someone without a visa or other qualifying document authorizing them to be in the U.S.
The USCIS will notify you by mail at your registered address about the outcome of your application. They may either mail you your EAD or they’ll request you to collect it at your nearest USCIS office. If your application is denied, the notification will also contain an explanation for their decision.An EAD has a temporary lifespan. Most EADs are valid for one year, but it may differ from case to case. It is important to renew your EAD before it expires if you want to continue working in the U.S.