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U.S. Citizenship and Immigration Services has issued policy guidance to clarify eligibility criteria for initial and renewal applications for Employment Authorization Documents in compelling circumstances.
To be eligible for EADs based on compelling circumstances, individuals must meet the following requirements:
Additional Information: The compelling circumstances-based EAD is a discretionary, temporary measure intended to address particularly difficult situations, including those on the path to obtaining lawful permanent residence but who otherwise may have been forced to stop working and leave the United States. Compelling circumstances may include serious illness and disability, employer dispute and retaliation and other harms to the applicant or an employer.
More information regarding the policy guidance is available here. The updated USCIS Policy Manual is available here.
This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
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