For those who require an emergency work permit because they are stuck in lengthy immigrant visa processes, Employment Authorization (EAD) in Exigent Circumstances It is an essential tool. This permit offers the possibility of working and staying in the United States for specific periods, alleviating difficulties arising from delays in visa processing.
However, it is imperative to be aware of the implications, such as the loss of nonimmigrant status when employed under this temporary permit. The measure seeks to balance the need for migrants to maintain their employment status while going through the procedures for permanent residence in the United States.
This temporary permit seeks to assist those who, due to prolonged delays in their visa processes, find themselves in particularly difficult situations., allowing them to work and stay in the country for a specific period. This remedy applies to certain nonimmigrants who are beneficiaries of employment-based immigrant visa petitions, as well as their spouses and qualifying children.
Urgent Employment Authorization Categories in the United States
The measure responds to previous experiences in which individuals on the path to legal permanent residence were forced to stop working and leave the United States due to considerable delays in visa processing. Two main categories govern Extenuating Circumstances Employment Authorizationwhich are:
Category (c)(35):
- Directed to primary beneficiaries with approved Form I-140.
- It applies to those in the United States under E-3, H-1B, H-1B1, L-1, or O-1 nonimmigrant status.
- Allows you to request initial employment authorization under “exigent circumstances” or renew said authorization.
Category (c)(36):
- Designed for spouses and dependent children of a primary beneficiary who obtained employment authorization under category (c)(35).
- Extends employment authorization to these family members.
Key considerations: loss of nonimmigrant status and validity of the EAD.
The USCIS (United States Citizenship and Immigration Services) has the power to grant employment authorization and issue an EAD valid for up to one year.. The duration decision is subject to a rigorous evaluation of compelling circumstances justifying the issuance of the employment authorization.
It is important to understand certain key aspects when opting for Extenuating Circumstances Employment Authorization. An applicant with a valid EAD is considered in an authorized period of stay, according to the Secretary of Homeland Security. Additionally, entering employment based on this EAD results in loss of nonimmigrant status.
According to Uscis, working under the EAD due to compelling circumstances implies the loss of nonimmigrant status. Illegal presence does not accrue while the EAD is valid or while the application is pending.
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