Navigating Compelling Circumstances EAD for H-1B Holders

2 min readFeb 5, 2024

Am I Eligible for Compelling Circumstances EAD?

Compelling Circumstances EAD offers a potential solution for H-1B visa holders facing uncertainties in maintaining their legal status in the U.S. Whether you’ve been laid off or not, understanding how to secure the Compelling Circumstances EAD can be crucial for extending your stay in the country. If you believe your situation qualifies, promptly complete the application and track your case status using the USCIS case tracker.

Eligibility Criteria

To be eligible for the Compelling Circumstances EAD:

You must be in E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status or within a 60-day grace period when filing the application.
You need to be the principal beneficiary of an approved Form I-140.
Demonstrate that an immigrant visa is unavailable based on your priority date as per the Final Action Date on the application filing date.
Prove the existence of compelling circumstances justifying USCIS’s discretion to issue an independent grant of employment authorization.

Compelling Circumstances Examples

Examples of compelling circumstances include:

Substantial harm to you.
Significant disruption to the employer.
Retaliation by the employer.
Medical proof of serious illness or disability for you or your dependents.
Other evidence demonstrating compelling circumstances.

Note: Applicants must not have been convicted of a felony or two misdemeanors.

Key Information

Work authorization begins only after USCIS approves Form I-765.
Filing the Compelling Circumstances EAD does not grant immediate work authorization.
The EAD is valid for one year upon approval.
Renewals can be sought in one-year increments for the principal beneficiary and qualifying dependents.
When working on a Compelling Circumstances EAD, you enter a “period of authorized stay,” and you must depart the U.S. to obtain an immigrant visa through consular processing when needed.

Adjustment of Status and Nunc Pro Tunc Requests

You cannot adjust your status in the U.S. when your priority date becomes current.
If you choose to pursue a Compelling Circumstances EAD, you’ll no longer maintain nonimmigrant status but will be considered in a “period of authorized stay.”
Consider a Nunc Pro Tunc request to reinstate status in the U.S., proving “extraordinary circumstances” beyond your control.
USCIS has discretion in accepting Nunc Pro Tunc requests.

Understanding the intricacies of Compelling Circumstances EAD can help you make informed decisions about your immigration status.

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