Compelling Circumstances EAD for Terminated H1B Workers

In the midst of the global pandemic, the issue of unemployment has far-reaching implications for everyone, including those with nonimmigrant worker visa status in the United States. Recently, the United States Citizenship and Immigration Services (USCIS) provided an update on options for nonimmigrant workers facing untenable economic situations such as layoffs or wrongful termination of employment. One of the most significant of these options is the Compelling Circumstances Employment Authorization Document (EAD).

The purpose of this blog post is to help nonimmigrant workers such as H1B workers facing job loss understand what this new policy is and how it can help them. In this post, we’ll explore what the Compelling Circumstances EAD is, who is eligible to apply, examples of compelling circumstances that may qualify, what constitutes “substantial harm” in cases of job loss, and how to apply for the EAD.

What is the Compelling Circumstances Employment Authorization Document (EAD)?

The Compelling Circumstances EAD is a type of work authorization document that allows certain nonimmigrants who have been laid off from their jobs, to continue working in the U.S. during periods of exceptional hardship. This policy is intended to help nonimmigrant workers such as those who are terminated from their jobs while in H1B visa, O visa, E visa, L visa status, and wish to continue to work in the U.S.

Who can apply for Compelling Circumstances EAD?

 To determine your eligibility, you must fulfil the following requirements:

1. You must be in the United States in a valid nonimmigrant status such as a H1B, O visa, L1 Visa.
2. You must have an approved I-140.
3. You must be able to prove compelling circumstances that justify the need for employment authorization.

What does Compelling Circumstances mean?

To qualify for the EAD, nonimmigrant workers must demonstrate that their situation constitutes compelling circumstances and that they would experience substantial hardship if they were not authorized to work in the U.S.

There are a variety of circumstances that may qualify a nonimmigrant worker for the Compelling Circumstances EAD. According to USCIS guidelines, compelling circumstances may include the following examples:

1. Substantial harm to the applicant.
2. Serious illness or disability faced by the nonimmigrant worker or dependent.
3. Significant disruption to the employer.
4. Employer retaliation against the nonimmigrant worker.

Compelling Circumstances due to Substantial Harm to Applicant

What constitutes “substantial harm” in relation to job loss? It’s important to note that job loss on its own does not necessarily count as compelling circumstances. However, there must be additional situations that make job loss much more challenging to deal with, such as the following circumstances:

• A lack of access to healthcare or family support, may count as significant hardships in addition to having lost one’s job.
• Unable to pay for your rent or mortgage, which will likely result in financial burden/debt.
• If you have children who go to school in the U.S., then they won’t be able to continue their education here.
• Major financial loss due to debt burdens, decreases in income, foreclosure or eviction.

Compelling Circumstances due Serious Illness or Disability

Serious illness or disability of the nonimmigrant worker or their dependent can create a compelling circumstance. The illness or disability has to be severe and directly impacting the worker’s ability to work.

Compelling Circumstances due to Significant Disruption to Employer’s Business

Significant disruption to the employer can include natural disasters, loss of a key contract, or any other similarly devastating event such as a pandemic etc…

Compelling Circumstance due to Employer Retaliation Against the Nonimmigrant Worker

If an employer retaliates against a nonimmigrant worker, this can be grounds for a compelling circumstance. Retaliation includes termination, demotion, or any other adverse action taken against a worker who asserted his or her rights in the workplace.

How to apply for Compelling Circumstances EAD?

If you’re been laid off as a nonimmigrant worker such as H1B worker or worried about getting terminated due to the economic downturn in 2023, you should consider applying for a compelling circumstances EAD so you may extend your stay beyond the former 60 days grace period.

Applying for the Compelling Circumstances EAD requires several steps, and it’s important to ensure that all documentation and evidence is submitted in a clear and organized manner. Nonimmigrant workers intending to apply for a compelling circumstances EAD can follow these simple steps:

1. Gather all evidence that supports eligibility claim.
2. Include all evidence that show proof of ‘Compelling Circumstances’ as a reason for the application.
3. Mention EAD Reason: Compelling Circumstances on Form I-765.
4. Submit a government filing fee for the I-765.
5. Include Cover Letter explaining the situation.

Experienced Chicago Immigration Attorneys

Nonimmigrant workers facing job loss may have options to help them remain authorized to work in the United States. The Compelling Circumstances EAD can provide relief for those who meet its requirements and want to continue their lives in the U.S. This blog post has provided a general explanation of what this EAD is, who is eligible to apply, examples of compelling circumstances, and how to apply for the EAD. We hope this information will help nonimmigrant workers better understand their rights and options during these difficult times. If you have questions about your specific immigration circumstances, please contact Cipolla Law Group or call 733-687-0549 for a consultation.