Thousands of employees in USA with employment visas are likely to benefit from the latest announcement by USCIS. The recent lay-offs at several IT companies impacted thousands of employment visa holders. Failure to find another job in a couple of months meant having to leave the country and losing all hopes of securing a green card. Thanks to the latest announcement by USCIS, these employees will be now be considered for EADs (and renewals) if the applicant meets the “compelling circumstances” criteria. The announcement states that the list of compelling circumstances includes serious illness and disability, employer dispute or retaliation, other substantial harm to the applicant, or significant disruption to the employer. These applicants have been waiting for years to secure their green cards. This announcement will help them remain in America and wait for their green cards. Here is the official announcement from USCIS: U.S. Citizenship and Immigration Services today released policy guidance on the eligibility criteria for initial and renewal applications for employment authorization documents (EADs) in compelling circumstances based on existing regulatory requirements at 8 CFR 204.5(p). For an applicant to be eligible for an initial EAD based on compelling circumstances, they must meet the following eligibility requirements: » The principal applicant is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Workers, in either the 1st, 2nd, or 3rd employment-based preference category; » The principal applicant is in valid E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status or authorized grace period when they file the Form I-765, Application for Employment Authorization; » The principal applicant has not filed an adjustment of status application; » An immigrant visa is not available to the principal applicant based on the applicant’s priority date according to the relevant Final Action Date in the U.S. Department of State’s Visa Bulletin in effect when they file Form I-765; » The applicant and their dependents provide biometrics as required; » The applicant and their dependents have not been convicted of a felony or two or more misdemeanors; and » USCIS determines, as a matter of discretion, that the principal applicant demonstrates compelling circumstances that justify the issuance of employment authorization. The guidance covers compelling circumstances for principal applicants and their dependents and provides a non-exhaustive list of situations that could lead to a finding that compelling circumstances exist, including serious illness and disability, employer dispute or retaliation, other substantial harm to the applicant, or significant disruption to the employer. The guidance also provides details on evidence an applicant could submit to demonstrate one of these compelling circumstances. For example, a principal applicant with an approved immigrant visa petition in an oversubscribed visa category or chargeability area, who has lived in the United States for a significant amount of time, could submit evidence such as school or higher education enrollment records, mortgage records, or long-term lease records to support a potential finding 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. For more information about these compelling circumstances EADs, please see the policy alert (PDF, 282.22 KB). Please also see our resource on Options for Nonimmigrant Workers Following Termination of Employment, for more evidence on options for maintaining a period of authorized stay in the United States. Visit the Policy Manual Feedback page to provide feedback on this update. Foundation of India and Indian Diaspora Studies (FIIDS), which has been advocating for laid-off H1-B workers, applauded USCIS for taking such a step that would help a large number of Indian IT professionals. Biden administration must be applauded for supporting these type of positive steps to help America remain as a world leader in technology and innovation. There are thousands of vacant technology jobs across the country. These steps will help boost the American economy. Note: As individual circumstances vary, please contact your attorney or other qualified legal experts to get more details.