Employment Authorization – Approved I-140 / PD not Current

An E-3, H-1B, H-1B1, O-1 or L-1 nonimmigran may apply for an employment authorization document (EAD) if they possess an approved I-140 petition, they can demonstrate compelling circumstances, and whose priority dates are not current

1) Compelling circimstances: serious illness and disabilities, employer dispute or retaliation, other substantial harm and significant disruptions to the employer.

2) Eligibility of spouses and children.

Family members of the principal are also eligible for employment authorization and may apply concurrently with the principal but cannot be granted until the principal is granted. The validity period of employment authorization for family members cannot exceed that granted to the principal.

(3) Eligibility for renewal of employment authorization.

May apply to renew employment authorization prior to expiration of the initial EAD if the individual can show that he or she continues to be the principal beneficiary of an approved EB-1, EB-2 or EB-3 IV petition and either: (1) an IV is still not immediately available and the worker continues to face compelling circumstances; or (2) the difference between the principal beneficiary’s priority date and the Final Action Date listed in the current Visa Bulletin for the relevant employment-based category and country of chargeability is 1 year or less.

Family members can also apply for renewal concurrently with the principal but cannot be approved unless the principal is granted. The validity period of employment authorization for family members cannot exceed that granted to the principal.

(4) Application for employment authorization.

Must file Form I-765 with appropriate fee and biometrics fee. Employment authorization may only be granted in 1-year increments.

(5) Ineligibility for employment authorization. Not eligible if convicted of any felony or two or more misdemeanors