USCIS announces reform for H1-B visa holders. Here’s everything you need to know


The US Citizenship and Immigration Services (USCIS) in a groundbreaking decision revealed that it has released new policy guidance on the eligibility for Employment Authorisation Documents (EADs) based on compelling circumstances, Hindustan Times reported.  

This revision will open opportunities for individuals who are facing adverse situations, such as termination from employment or visa backlogs to apply for an “EAD” in the United States. 

Here’s an ultimate guide on how Indians living in the US can benefit from the revised rules: 

The first step is to look for eligibility for an initial EAD based on compelling circumstances and rules the applicant needs to meet. 

This beneficiary includes approved Form I-140, belonging to nonimmigrant statuses like E-3, H-1B, H-1B1, O-1 or L-1 and should not have a filed status application. 

Additionally, the applicant’s priority date should not clash with an available immigrant visa based on the US Department of State’s Visa Bulletin. Be careful when you fill in the details. 

Gather Proper Supporting Evidence

Collect all compelling evidence to provide a strong case. During the process, several compelling identities from several situations like serious illness, disability, and even significant disruption to the employer. 

Individuals with approved immigrant visa petitions in oversubscribed categories must submit the documents like enrollment records, mortgage records and long-term lease agreements to demonstrate the impact of job loss on families like relocation. 

The third step in this process is to complete and fill the Form I-765, which is the application for employment authorisation. Avoid doing any mistakes or missing information to ensure accurate and thorough completion of the process. Include all the necessary supporting documents to strengthen your case. 

Submit Biometrics and then await USCIS Decision:

The next step in the process is for the applicants to provide biometrics like fingerprinting and photographs. Be very careful when you submit these identification documents as it is a very crucial step and it will help the USCIS to identify you. 

After the biometrics are saved, the USCIS reviews the applicant’s document. Adjudication of the EADs includes assessing eligibility, reviewing evidence and making a discretionary decision. 

If your application is approved, the applicant will receive an Employment Authorisation Document, that will grant them the legal right to work in the US. 

However, it is important to adhere to the specified validity period and maintain compliance with all the rules and regulations. 

(With inputs from agencies)

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