Immigration News Green Card: USCIS offers for those stuck in the backlog of employment visas

Breaking News: There is good news for people with H-1B visas and those waiting for work-based green cards. A new USCIS policy update specifies the requirements for obtaining employment authorization documents (EADs) based on compelling circumstances. Therefore, if you are waiting for your green card and encounter delays due to overdue visas, you may be eligible for an EAD. This is a short-term solution to help you get through a difficult scenario, such as losing your nonimmigrant status and job. You must meet a number of prerequisites to be eligible. You must have a legitimate nonimmigrant status such as (E-3, H-1B, H-1B1, O-1, or L-1) and have an accepted Form I-140, “Petition for Alien Worker for Immigrants.” The US Department of State Visa Bulletin states that your priority date for an immigrant visa must not be current and that you cannot have filed an application for adjustment of status. You must also have a clean criminal record if you or your dependents are to be accepted.

Green Card Immigration News

Expanded eligibility for an employment authorization document (EAD) after a policy change. Examples of “compelling circumstances” that could make you eligible for an EAD are included in the revised advice. It may be a serious condition that requires you to travel for treatment or interferes with your ability to continue your previous employment. You may also qualify if you and your employer disagree or if losing your job has serious consequences for both you and your employer. Having school-age children or a mortgage are other considerations. An EAD for exigent circumstances can be extended annually, but it is not perpetual. It can help you bridge the gap while you look for longer-term alternatives, including changing jobs or applying for a different type of visa.

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Green Card Immigration News

USCIS makes an announcement each month indicating whether applicants who are already citizens of the country must file their “adjustment of status” applications based on “Final Action Dates” or “Filing Dates.” Employer-based applicants should use the “Final Action Dates” for July, while family-based applicants should use the “Filing Dates” (both are available on the Department of State website ). The “Final Action Dates” for F-2A applications are no longer “current” for the first time in several years due to a growing backlog of cases in this category. Requests with “Final Action Dates” are those whose priority dates have been moved to the front of the queue and can now be decided.

Green Card Immigration News

The “Filing Dates” for the F-2A category have remained in effect even though the “Final Action Dates” have expired, so unmarried partners and minor children of US green card holders may apply. The US can still submit their green card applications for now. While these cases are still eligible to be filed, they will not be decided until the priority date is current. It is anticipated that the waiting periods for green cards under the F-2A category will increase dramatically as a result of this change. So for more information, stay tuned for pkb news.

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