(UNITED STATES) For many long-term H-1B workers with an approved Form I-140, job loss can feel like the end of their life in the United States. The Compelling Circumstances EAD offers a narrow but powerful safety net, letting some workers stay and keep working while they sort out their next steps. This process guide walks through who can qualify, how to apply, and what to expect at each stage.
How the Compelling Circumstances EAD Fits into the Green Card Journey
Most people who use this option are H-1B professionals whose employers have already filed and won approval of Form I-140, Immigrant Petition for Alien Worker. That approval means a company has sponsored you for permanent residence, but long visa backlogs or country limits keep you waiting for your priority date to become current.
If you then lose your H-1B job or face another serious crisis, you normally have only a short grace period before falling out of status. The Compelling Circumstances EAD gives you a one-year work permit and a period of authorized stay so you can remain in the country, work for almost any employer, and try to repair your immigration path instead of departing suddenly.
Step 1: Confirm You Meet the Basic Eligibility Rules
USCIS sets strict entry rules before it will even look at your personal hardship story. To request a Compelling Circumstances EAD, you must meet all of the following:
- An approved Form I-140 in the EB-1, EB-2, or EB-3 category as the principal beneficiary.
- Valid status in one of these classifications (or be in the related grace period) when you apply: E-3, H-1B, H-1B1, L-1, or O-1.
- No immigrant visa immediately available — meaning your priority date is not current on the Visa Bulletin.
- Compelling circumstances such as serious illness, employer retaliation, major financial harm, or major harm to your employer if you leave.
Important limitation:
USCIS makes clear that job loss alone is not enough. Long waits for a green card, dislike of your job, owning a house, or wanting to start a business usually don’t qualify unless they tie into a bigger, more urgent problem.
Step 2: Build a Strong Evidence Package
USCIS decides each Compelling Circumstances EAD on a case‑by‑case, discretionary basis, so detailed documentation is critical. Your goal is to show that your situation rises above an ordinary layoff or inconvenience.
Common types of evidence include:
- Serious illness or disability
- Hospital or clinic records
- Doctor letters and treatment plans
- Proof of insurance limits or coverage gaps
- Employer retaliation
- Emails, HR complaints, or performance reviews
- Records showing you refused illegal activity and then faced punishment
- Other major harm to you
- Eviction notices, foreclosure papers
- Proof of children’s school ties
- Evidence that returning to your home country would cause extreme hardship
- Major disruption to your employer
- Letters from executives
- Project plans or financial records showing critical loss if you depart
Include a clear personal statement that ties everything together. Explain:
- Your immigration history and how long you’ve been on H-1B.
- When your Form I-140 was approved.
- What happened with your job (timeline and facts).
- Exactly what will happen to you and your family if you lose lawful work and must depart.
Step 3: File Form I-765 for the Compelling Circumstances EAD
You request this benefit by filing Form I-765, Application for Employment Authorization. Use the following categories:
- (c)(35) — main worker with an approved I-140
- (c)(36) — dependents (spouse and unmarried children)
Include these key items with your package:
- A copy of your approved Form I-140 notice.
- Proof of your last H-1B (or other) status approval and your I-94 record.
- Evidence that your immigrant visa isn’t yet available (for example, a printout of the Visa Bulletin showing the cut-off date).
- Detailed proof of the compelling circumstances as described earlier.
- Applicable filing fee (note that fee waivers are generally not available for most applicants).
Processing notes:
- Processing times can vary; USCIS does not promise premium processing for a Compelling Circumstances EAD.
- Many workers file while still in H-1B status so they remain covered by their original status or grace period during review.
What Happens to Your Status and Travel Options
If USCIS approves your Compelling Circumstances EAD and you start using it, you move out of H-1B or other nonimmigrant status into a period of authorized stay. During this time, you generally do not accrue unlawful presence, but you also lose the normal benefits of H-1B status, such as streamlined travel and reentry with a visa stamp.
Travel considerations:
– Travel becomes risky. If you leave the United States, you will usually need a new visa and a fresh status (for example, a new H-1B approval) to return.
– The Compelling Circumstances EAD on its own does not grant reentry rights.
– Consular officers abroad do not issue a “compelling circumstances visa.”
Warning: Departing the U.S. while on a Compelling Circumstances EAD can result in inability to reenter. Plan travel only after consulting an immigration attorney and confirming reentry options.
Including Your Family and Planning for Renewal
Family eligibility and renewal basics:
- Your spouse and unmarried children can apply for their own work cards as dependents if they are in valid status when they file.
- Dependents use Form I-765 and the category (c)(36), linking their cases to your approval.
- Dependent EADs cannot run longer than yours.
Renewal:
- A Compelling Circumstances EAD is usually valid for one year.
- You may ask for renewal if the same hardship continues or if your priority date is within one year of becoming current on the Department of State Visa Bulletin.
- Many workers treat renewals as a bridge until their dates become current or they secure a new long‑term status.
Long-Term Strategy After a Compelling Circumstances EAD
Because this benefit is temporary and discretionary, plan a longer-term strategy:
- Many people try to return to H-1B status with a new employer, using the approved Form I-140 to retain their place in the green card line.
- Other common options include:
- F‑1 (student) status
- O‑1 for individuals with extraordinary ability
- A new employer’s immigrant petition (new PERM/I-140)
- Consider the timeframes, risks of travel, and how renewals or other filings will interact with your priority date.
For official guidance and additional details, see USCIS’s Compelling Circumstances page: https://www.uscis.gov/green-card/green-card-processes-and-procedures/compelling-circumstances-employment-authorization.
Key takeaway: The Compelling Circumstances EAD can be a crucial short-term lifeline, but it requires careful evidence, strategic planning, and awareness of travel and status trade-offs. Consult an immigration attorney to tailor decisions to your exact situation.
The Compelling Circumstances EAD lets certain H-1B workers with an approved I-140 remain and work for one year when their immigrant visa isn’t available and urgent hardship exists. Applicants must be in valid nonimmigrant status (E-3, H-1B, H-1B1, L-1, O-1) and submit Form I-765 with detailed evidence showing serious illness, employer retaliation, financial harm, or major employer disruption. Approval creates a period of authorized stay but limits travel and reentry; renewals are possible under specific conditions.
