US: EAD On Compelling Circumstances Is NOT For Green Card

Many a time, the critical updates from the USCIS end up being circulated in a completely different meaning. The latest news and regulations about the Employment Authorization Document (EAD) are creating confusion among the Indians living in the US and also some of our Telugu media channels started reporting it with incomplete or false information.

USCIS mentioned the ‘EAD on Compelling circumstances’ for H-1B visa holders who lost their jobs in layoff and who could not find one in 60 day grace period. This EAD is not the same as the ‘Green Card EAD’. The EAD in Compelling Circumstances comes with a one-year validity.

This news and eligibility criteria are completely regarding the H-1B visa situation. If an employee on an H-1B visa loses his job in a layoff, the employee will have a 60-day grace period after the termination and before the term ends the employee needs to find a job with an employer who can file the H-1B petition. The employee can start working immediately after receiving the H1-B receipt notice, without waiting for approval.

If the person could not find a job within 60 days grace period, there are two options to avoid an unlawful stay in the US.

One is to file the Change of Status to B1/B2 and find a job. Apply for an H1-B transfer in premium processing and that verdict lies with USCIS.

The second option is to file for ‘Compelling circumstances EAD’. This is not for Green Card but comes with a temporary one-year validity with a possible extension and this requires an approved I-140 along with proof of compelling circumstances like mortgage records, having school-going children, long-term lease conditions, severe health issues, and more. This EAD helps the person start working with any employer once the EAD is approved and then start looking for an employer who can file an H-1B transfer. Once the H-1B is approved by the new employer, the employee needs to go out of the US and get a stamped visa to continue working on H-1B.

This temporary EAD policy was approved last year during the huge layoffs in the US, but the USCIS released the eligibility criteria now making it to the viral news.

The eligibility criteria include:

• Approved I140
• The principal applicant is in valid E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status or authorized grace period.
• The applicant and their dependents provide biometrics as required.
• USCIS determines the justification of ‘compelling circumstances’ of the applicant to issue EAD
• The principal applicant has not filed an adjustment of status application
• The applicant and their dependents have not been convicted of a felony or two or more misdemeanors.