U.S. Citizenship and Immigration Services (USCIS) has issued guidance on the process for issuing employment authorization documents (EADs) to individuals in challenging circumstances.

Criteria for EAD eligibility:
To be eligible for employment authorization due to insurmountable circumstances, an applicant must meet certain criteria, including having an approved Form I-140, current nonimmigrant status, no request for adjustment of status, and unavailability of an immigrant visa at the time the Form I-765 is filed.

Definition of insurmountable circumstances:
Insurmountable circumstances may include serious illness or disability, disputes with the employer, harassment, substantial harm to the claimant or his or her dependents, and significant inconvenience to the employer.

Confirmation of insurmountable circumstances:
The guide details the evidence that can be submitted to prove the existence of a compelling circumstance, including documentation of enrollment in an educational institution or long-term leases or mortgages.

More information and feedback:
In addition to the new guidance, USCIS is providing feedback on its implementation and application. Additional information can be found in the information letter, and feedback can be left on the dedicated Policy Manual Feedback page.

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