Applying and renewing employment authorization documents or EADs has now become easier for immigrant workers as the United States has now relaxed the eligibility criteria for EADs renewal and initial applications in compelling circumstances.
This is good news for immigrants, especially Indians, who want to work in the US even as massive layoffs by companies across the globe have struck workers hard.
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EADs (Form I-766/EAD) is an authorization document need to prove if the person is authorized to work in the United States. They are provided to some non-immigrants such as beneficiaries of approved employment-based immigrant visa petitions and their qualifying spouse and children.
EADs are also provided to people caught in the continually expanding backlogs for immigrant visas and face compelling circumstances.
According to an Economic Times report, the move is aimed by Biden administration to address certain difficult situations, including those who previously may have forced individuals on the path to lawful permanent residence to abruptly stop working and leave the United States.
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Check eligibility requirements for an initial EAD:
- The applicant 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.
- They 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.
- Must not have filed an adjustment of status application
- Both the applicant and the applicant’s dependents must provide biometrics as required
- Both the applicant and the applicant’s dependents have not been convicted of a felony or two or more misdemeanors
- The applicant must demonstrate compelling circumstances that justify the issuance of employment authorization, as per USCIS.
In case of the applicant receive a compelling circumstances EAD, and begins working based on this EAD, they 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.
Here’s 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.
- 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.
- Applicant must submit sufficient supporting evidence.
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How to renew EADs in one-year increments:
The applicant must be the principal beneficiary of an approved Form I-140:
File your renewal application before your current EAD expires and
Can establish either of the two conditions below:
- 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
- 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.
For the dependent spouse or child :
- File your renewal application before your current EAD expires
- Relationship with the principal beneficiary continues.
