Published: July 18, 2023
The Employment Authorization Document (EAD) is an issuance by USCIS authorizing immigrant workers to work within America for a specific period. The EAD card is a requirement for immigrants who were authorized to work in the United States because of their immigration status, or those required to apply for permission to work.
Note: Lawful permanent residents no longer need to get EAD cards because their green cards suffice as authority to work within the country.
EAD Under Compelling Circumstances
USCIS may grant EAD cards to work visa beneficiaries suffering from compelling circumstances because of employment termination and loss of nonimmigrant status. However, these immigrants must prove that they are experiencing hardships beyond what is typically associated with job loss.
According to Volume 10 of the USCIS Policy Manual, “compelling circumstances” may include the following:
- Serious illness and disability
- Employer dispute or retaliation
- Other substantial harm to the work visa applicant, often relating to financial difficulty or inability to return to home country
- Significant disruption to the employer
It is advisable to coordinate with an immigration attorney for a more comprehensive discussion on what qualifies as compelling circumstances.
Eligibility Requirements
Applicants may acquire EAD under compelling circumstances by fulfilling the following conditions:
- Currently residing in the United States with E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status
- You are the principal beneficiary of an approved Immigrant Petition for Alien Worker
- You were not issued an immigrant visa based on your priority date, preference category, and country of chargeability
- You suffered from compelling circumstances warranting USCIS to grant you an EAD card
Immigration Support for Non-Citizen Workers
Working in America can be more challenging to immigrants. Besides being away from your family and home country, there might be immigration-related concerns that you are trying to resolve. In case of the latter, ALG Lawyers can help. Our lawyers with over 20 years of field experience can work with you.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)