Breaking News
Home / USA IMMIGRATION / IMMIGRATION NEWS / EAD for I140 Rule – some insight based on Draft I765 in ICR

EAD for I140 Rule – some insight based on Draft I765 in ICR

EAD for I140 Rule – some insight based on Draft I765 in ICR

 

Based on the information present in the ICR documents below is the information that has been added for EAD form .

The most important information present is below which says I140 EAD would be given if you face compelling circumstances, What the compelling circumstance is still a unanswered question , we will have to wait for the entire rule to be published for public comments and then we can have a definitive idea of the compelling circumstances.

“Evidence you are facing compelling circumstances while you wait for your immigrant visa to become available”

The other evidence needed for I140 are very simple

Proof you are in the United States in E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status

Proof of Your Approved Form I-140. 

 

The details are as below which are present in:

http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201511-1615-011

 

 

  1. Beneficiary of an approved employment-based immigrant petition facing compelling circumstances–(c)(35). File Form I-765 along with documentation that you are in the United States in E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status, that an Immigrant Petition for Alien Worker (Form I-140) was approved on your behalf, and you face compelling circumstances while you wait for your immigrant visa to become available.  Please see the USCIS Web site at www.uscis.gov/I-765 for the most current information on where to file this benefit request.  If you are requesting renewal of employment authorization under (c)(35), to qualify, the difference between your priority date and the date upon which immigrant visas are authorized for issuance for the principal alien’s preference category and country of chargeability is 1 year or less according to the current Department of State Visa Bulletin.

 

  1. Proof you are in the United States in E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status. Submit a copy of your Arrival-Departure Record (Form I-94) showing your admission as an E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant, or a copy of your current Form I-797 approval notice for Form I-129.

 

  1. Proof of Your Approved Form I-140. Submit a copy of a Form I-797 approval notice for Form I-140 showing the Immigrant Petition has been approved for you.

 

 

  1. Evidence you are facing compelling circumstances while you wait for your immigrant visa to become available.

 

  1. Secondary Evidence. If you do not have the evidence listed in 1, 2, or 3 above, you may ask USCIS to consider other evidence (“secondary evidence”) in support of your application for employment authorization.

 

Failure to provide evidence listed above may result in the delay or denial of your application for employment authorization.  For additional information on secondary evidence, see Evidence in the General Instructions section.

 

  1. Felony or Misdemeanor. If you were ever convicted of a felony or two or more misdemeanors committed in the United States, you cannot be granted employment authorization under this eligibility category.  USCIS will make the determination as to whether your crimes fall into either of these categories.  You must, however, provide information and any supporting documentation on all crimes which you have committed or were convicted of in the United States so USCIS can make an appropriate decision.

 

  1. Court Disposition Records. If you were ever arrested, charged, and/or convicted for a criminal offense, you will need to provide court disposition records.

 

Provide a certified copy of all arrest reports, court dispositions, sentencing documents, and any other relevant documents.  You may also include any mitigating evidence concerning the circumstances of your arrests or convictions that you would like USCIS to consider if you have been arrested or convicted of a crime.  If you were placed on probation, you must provide evidence to show that you completed your probationary period.

 

You do not need to submit documentation concerning minor traffic violations such as driving without a license unless they were alcohol- or drug-related.  However, if you were arrested for any traffic offense, provide disposition documentation so USCIS can properly assess whether your arrest and/or conviction may relate to your employment authorization eligibility.

 

NOTE:  Provide the conviction and disposition documentation even if your records were sealed, expunged, or otherwise cleared.  You must provide the documentation even if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record or that you do not have to disclose the information.

 

  1. Spouse or unmarried dependent child of a beneficiary of an approved immigrant petition–(c)(36). File Form I-765 along with documentation that you are in the United States in a nonimmigrant status, and that your spouse or parent, who is the principal beneficiary of an approved immigrant petition as described in paragraph H, has been granted employment authorization under eligibility category (c)(35).  For your convenience, you may file your Form I-765 at the same time as the principal (your spouse or parent) files Form I-765.  However, USCIS will not process your Form I-765 (except filing fees), until after USCIS has adjudicated your spouse’s or parent’s Form I-765.  See the USCIS Web site at www.uscis.gov/I-765 for the most current information on where to file this benefit request.

 

  1. Proof of your Nonimmigrant Status. Submit a copy of your Arrival-Departure Record (Form I-94) showing your admission as a nonimmigrant, a copy of your current Form I-797 approval notice for Form I-129, or a copy of your current Form I-797 approval notice for Form I-539.

 

[Page 6]

 

  1. Proof of Relationship to the Beneficiary of the Approved Form I-140. Submit a copy of the marriage or birth certificate for you and your spouse or parent.  If you cannot submit a copy of your marriage certificate or birth certificate, USCIS will consider secondary evidence.

 

  1. Proof the Spouse or Parent Principal was Granted Employment Authorization under eligibility category (c)(35). If you submit your Form I-765 after your spouse or parent receives employment authorization under eligibility category (c)(35), submit a copy of your spouse’s or parent’s employment authorization document or submit a copy of your spouse’s or parent’s Form I-797 approval notice for Form I-765.

 

  1. Secondary Evidence. If you do not have the evidence listed in 1, 2, or 3 above, you may ask USCIS to consider other evidence (“secondary evidence”) in support of your application for employment authorization.

 

Failure to provide the evidence listed above or secondary evidence may result in the delay or denial of your application for employment authorization.  For additional information on secondary evidence, see Evidence in the General Instructions section.

 

  1. Felony or Misdemeanor. If you were ever convicted of a felony or two or more misdemeanors committed in the United States, you cannot be granted employment authorization under this eligibility category.  USCIS will make the determination as to whether your crimes fall into either of these categories.  You must, however, provide information and any supporting documentation on all crimes which you have committed or were convicted of in the United States so USCIS can make an appropriate decision.

 

  1. Court Disposition Records. If you were ever arrested, charged, and/or convicted for a criminal offense, you will need to provide court disposition records.

 

Provide a certified copy of all arrest reports, court dispositions, sentencing documents, and any other relevant documents.  You may also include any mitigating evidence concerning the circumstances of your arrests or convictions that you would like USCIS to consider if you have been arrested or convicted of a crime.  If you were placed on probation, you must provide evidence to show that you completed your probationary period.

 

You do not need to submit documentation concerning minor traffic violations such as driving without a license unless they were alcohol- or drug-related.  However, if you were arrested for any traffic offense, provide disposition documentation so USCIS can properly assess whether your arrest and/or conviction may relate to your employment authorization eligibility.

 

NOTE:  Provide the conviction and disposition documentation even if your records were sealed, expunged, or otherwise cleared.  You must provide the documentation even if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record or that you do not have to disclose the information.

Check Also

Breaking news! ! October 2015 Visa Bulletin Rolled back and Revised.

Breaking news! ! October 2015 Visa Bulletin Rolled back  and Revised. USCIS has rolled back …

EB3 India Folks Wake Up – Port To EB2/EB1 Soon If You Are Eligible

EB3 India Folks Wake Up – Port To EB2/EB1 Soon If You Are Eligible Nothing …

2016 H1B Free Resume Evaluation and Sponsorship Guidance

  2016 H1B  Free Resume Evaluation and Sponsorship Guidance Please Submit your resume below and …

November 2015 Visa Bulletin Predictions

November 2015 Visa Bulletin Predictions More Hopes has been created with the new Visa bulletin …

Modernized october 2015 visa bulletin is out

Modernized october 2015 visa bulletin is out Modernized October 2015 visa bulletin is out and …

Leave a Reply