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What is the Compelling Circumstances EAD (Employment Authorization Document) and Who Can Apply?
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
In the U.S., individuals dependent on a specific visa type may face risks of job loss due to employer changes, economic hardships, or other reasons. To address such challenges, the Compelling Circumstances Employment Authorization Document (EAD) provides a legal work authorization solution. This document is particularly designed for individuals in the Green Card process but awaiting a final decision. In this article, we’ll address the following key questions:
- What is the Purpose of the Compelling Circumstances EAD?
- How Does the Application Process Work?
- Who is Eligible to Apply?
- What Are the Benefits of the Compelling Circumstances EAD?
If you have additional questions, feel free to reach out via the comments section below this article, through LinkedIn, or directly via the CK Law Firm website!
What is the Purpose of the Compelling Circumstances EAD?
The Compelling Circumstances EAD aims to assist individuals tied to a specific employer through their visa status in overcoming financial and personal hardships in case of job loss. The U.S. Citizenship and Immigration Services (USCIS) evaluates applications based on the following criteria:
- Economic Impact: The financial consequences of unemployment on the applicant and their family.
- Social Impact: Potential negative effects on U.S. employers, clients, or the community due to the lack of work authorization.
- Immigration Compliance: The applicant’s adherence to past immigration and work authorization requirements.
This authorization is particularly crucial for individuals whose Green Card petitions (I-140) have been approved but are waiting for a visa number. It also provides a temporary solution for those holding employer-sponsored visas such as H-1B or L-1, who are at risk of losing their jobs.
How Does the Application Process Work?
Applying for a Compelling Circumstances EAD involves specific steps:
- Completing Form I-765: This is the primary form required by USCIS for work authorization.
- Providing Supporting Evidence: Documents proving compelling circumstances (e.g., job loss, health issues, financial hardships).
- Submitting Immigration Status Documentation: Approval notice of I-140, proof of current visa status, and any relevant employment agreements.
Once the application is submitted, USCIS conducts a thorough review of the applicant’s circumstances. Each application is evaluated on its merits, taking into account the unique details of the applicant’s case.
Who is Eligible to Apply?
The Compelling Circumstances EAD is available to individuals meeting specific criteria:
- Green Card Applicants: Those with approved I-140 forms but waiting for visa availability.
- H-1B or L-1 Visa Holders: Individuals who have separated from their employers and are seeking new job opportunities.
- Non-Immigrant Visa Holders: Individuals whose current visas are nearing expiration but can demonstrate compelling circumstances.
Approval rates depend on the strength of supporting evidence and the severity of the circumstances. USCIS also considers the applicant’s prior compliance with immigration laws.
What Are the Benefits of the Compelling Circumstances EAD?
- Temporary Solution: Provides work authorization while waiting for a visa number.
- Flexibility: Eliminates dependency on a single employer and opens new job opportunities.
- Support for the Immigration Process: Ensures uninterrupted progress in the Green Card application process.
Conclusion
Applying for a Compelling Circumstances EAD can be a complex process. Since each case is unique, working with an immigration attorney can significantly increase the chances of a successful application. For professional assistance, detailed information, or consultation services, feel free to contact us at cklawfirm.org, info@cklawfirm.org, or via LinkedIn.
Who is Attorney Ergül Çeliksoy?
Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.
Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.
