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Revised Form I-765 – May Affect Your I-140 Filing
In a draft version of a revised Form I-765, Application for Employment Authorization, recently released by USCIS, the corresponding instructions seem to list the qualifying criteria for I-140 Employment Authorization Document (EAD) regulation.
Per the proposed instructions, one who selects (c)(35), Beneficiary of an approved employment-based immigrant petition facing compelling circumstances, as the eligibility category on Form I-765, will need to show the following proof:
In addition, spouse or unmarried dependent child of a beneficiary of an approval immigrant petition, who qualifies to apply for EAD under (c)(36), the dependent must submit the following:
No guidance was provided as to what would qualify as “compelling circumstances.” Lastly, a foreign national worker’s job flexibility seems to have been severed as the new revision requires that the applicant must be in a valid work-authorized status (such as H-1B, L-1, O-1, etc.) and have a priority date within one year of the visa bulletin cutoff date to renew their EAD.
Unfortunately, questions and concerns regarding the proposal may remain unanswered until the proposed rule is officially published.
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