USCIS Provides Guidance on Employment Authorization Documents Based on Compelling Circumstances

14 June 2023

Release Date 

06/14/2023


U.S. Citizenship and Immigration Services today released policy guidance on the eligibility criteria for initial and renewal applications for employment authorization documents (EADs) in compelling circumstances based on existing regulatory requirements at 8 CFR 204.5(p).


For an applicant to be eligible for an initial EAD based on compelling circumstances, they must meet the following eligibility requirements:


  • The principal applicant is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Workers, in either the 1st, 2nd, or 3rd employment-based preference category;
  • The principal applicant is in valid E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status or authorized grace period when they file the Form I-765, Application for Employment Authorization;
  • The principal applicant has not filed an adjustment of status application;
  • An immigrant visa is not available to the principal applicant based on the applicant’s priority date according to the relevant Final Action Date in the U.S. Department of State’s Visa Bulletin in effect when they file Form I-765;
  • The applicant and their dependents provide biometrics as required;
  • The applicant and their dependents have not been convicted of a felony or two or more misdemeanors; and
  • USCIS determines, as a matter of discretion, that the principal applicant demonstrates compelling circumstances that justify the issuance of employment authorization.


The guidance covers compelling circumstances for principal applicants and their dependents and provides a non-exhaustive list of situations that could lead to a finding that compelling circumstances exist, including serious illness and disability, employer dispute or retaliation, other substantial harm to the applicant, or significant disruption to the employer.


The guidance also provides details on evidence an applicant could submit to demonstrate one of these compelling circumstances. For example, a principal applicant with an approved immigrant visa petition in an oversubscribed visa category or chargeability area, who has lived in the United States for a significant amount of time, could submit evidence such as school or higher education enrollment records, mortgage records, or long-term lease records to support a potential finding of compelling circumstances. Compelling circumstances could include, if, due to job loss, the family may otherwise be forced to sell their home for a loss, pull their children out of school, and relocate to their home country.



For more information about these compelling circumstances EADs, please see the policy alert (PDF, 282.22 KB). Please also see our resource on Options for Nonimmigrant Workers Following Termination of Employment, for more evidence on options for maintaining a period of authorized stay in the United States. Visit the Policy Manual Feedback page to provide feedback on this update.


https://www.uscis.gov/newsroom/alerts/uscis-provides-guidance-on-employment-authorization-documents-based-on-compelling-circumstances

14 August 2026
Release Date 08/14/2026 On Sept. 15, 2026, U.S. Citizenship and Immigration Services will publish revised editions of Form I-539, Application to Extend/Change Nonimmigrant Status , and Form I-765, Application for Employment Authorization (edition date for both: 09/15/26). The forms have been revised to align with the recently published Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media final rule. The 09/15/26 editions of Form I-539 and Form I-765 replace the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765. There is no grace period for the revised editions of Form I-539 and Form I-765 because the revised editions are necessary for USCIS to apply the final rule. Because there will be no grace period, USCIS is providing preview versions of the 09/15/26 editions of Form I-539 and Form I-765 with their instructions. Do not file the 09/15/26 editions of these forms before Sept. 15, 2026. USCIS will only accept the 09/15/26 editions of these forms if they are postmarked or electronically submitted on or after Sept. 15, 2026. If filing Form I-539, please note that USCIS will: Accept the 08/28/24 edition of Form I-539 if it is postmarked or electronically submitted before Sept. 15, 2026; Reject the 08/28/24 edition of Form I-539 if it is postmarked or electronically submitted on or after Sept. 15, 2026; and Only accept the 09/15/26 edition of Form I-539 if it is postmarked or electronically submitted on or after Sept. 15, 2026. If filing Form I-765, please note that USCIS will: Accept the 08/21/25 edition of Form I-765 if it is postmarked or electronically submitted before Sept. 15, 2026; Reject the 08/21/25 edition of Form I-765 if it is postmarked or electronically submitted on or after Sept. 15, 2026; and Only accept the 09/15/26 edition of Form I-765 if it is postmarked or electronically submitted on or after Sept. 15, 2026. Visit the Form I-539 and Form I-765 webpages to view preview versions of the 09/15/26 editions of Form I-539 and Form I-765 with their instructions. Last Reviewed/Updated: 08/14/2026 https://www.uscis.gov/newsroom/alerts/uscis-to-publish-new-editions-of-form-i-539-and-form-i-765-older-editions-will-be-rejected-starting
12 August 2026
ALERT : The Temporary Protected Status (TPS) designation of El Salvador and related benefits are set to terminate on Sept. 9, 2026. USCIS is sending notices to El Salvador TPS recipients who continue to be eligible for TPS but haven’t received renewal EADs with category codes A-12 or C-19 and whose TPS-based EAD application is still pending, that their expired TPS-based EADs are extended until Sept. 9, 2026, the end of the El Salvador TPS designation. USCIS will send the notices by mail and electronically to those who have a myUSCIS account. Completing Form I-9: If your employee has a pending TPS-based EAD renewal application, they should receive a notice from USCIS informing them of this automatic extension of their EADs to Sept. 9, 2026. If so, they may choose to present the following combination of documents as proof of identity and continued employment authorization under List A, valid until Sept. 9, 2026: An EAD that has an expiration date of Mar. 9, 2025; June 30, 2024; Dec. 31, 2022; Oct. 4, 2021; Jan. 4, 2021; Jan. 2, 2020; Sept. 9, 2019; or Mar. 9, 2018; and The USCIS notice extending their EAD. When completing the “Expiration Date (if any)” fields on Form I-9, input in Section 1 and Section 2 “ Sept. 9, 2026 ” along with a note in the Additional Information box. Employers may download the Alert and TPS El Salvador Automatic Employment Authorization (EAD) Extension webpage and attach them to Form I-9, along with the USCIS notice. When completing a case in E-Verify, enter the expiration date of “ Sept. 9, 2026 ,” from the Form I-9. Check the USCIS websites regularly for updated information. Please check the USCIS TPS El Salvador page regularly for updates. You may also subscribe to regular updates for Form I-9 and E-Verify using Granicus Communications . Last Reviewed/Updated: 08/12/2026 https://www.uscis.gov/i-9-central/form-i-9-related-news/update-on-temporary-protected-status-for-el-salvador-release-aug-12-2026
10 August 2026
Release Date 08/10/2026 The Department of Homeland Security (DHS) is introducing an interim final rule (IFR) that allows U.S. Citizenship and Immigration Services (USCIS) to mandate electronic filing, or e-filing, for certain immigration forms. Under this IFR, USCIS may require future filings of any immigration form that has been available for e-filing for at least 180 days to be submitted online. USCIS will notify the public on its website at least 60 days before requiring e-filing of a form. Filers must use an online account to submit an immigration form to USCIS, either by completing the form online or by uploading a PDF of the completed form and related evidence. This initiative will eliminate reliance on the U.S. Department of the Treasury’s physical lockbox services and accelerate the shift to electronic fee payments. The transition should deliver substantial cost savings and greater efficiency for the federal government. By making data easier to receive, store, and access than with paper forms, e-filing enhances fraud detection, streamlines identity management, and improves national security screening through faster data access and expanded analytical capabilities. E-filing also reduces errors, incomplete submissions, and application decision times. The adjudication process becomes more secure, more transparent, and more efficient. Electronic filing is already common for many USCIS forms. This is not a new process for aliens to file electronic benefit requests. Requestors who cannot file electronically may request a waiver. Waivers are granted at USCIS’ discretion for undue hardship. This Interim Final Rule is effective on Aug. 11, 2026, and DHS will consider public comments submitted on or before Oct. 13, 2026. For more information, see the interim final rule . https://www.uscis.gov/newsroom/alerts/uscis-to-require-electronic-filing-of-forms-strengthening-national-security Last Reviewed/Updated: 08/10/2026
5 August 2026
Release Date 08/05/2026 U.S. Citizenship and Immigration Services (USCIS) is clarifying that benefit requestors should establish eligibility for an immigration benefit at the time they file a benefit request. Generally, if a benefit requestor fails to demonstrate eligibility for a benefit or fails to provide all required initial evidence when filing an application, USCIS may deny their immigration benefit request without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). USCIS form instructions specify all required initial evidence for every benefit request, giving requestors all the information needed to comply. This policy better aligns USCIS procedures with long-standing Department of Homeland Security regulatory authority and form instructions, helps restore integrity to the immigration system, and makes it more difficult for aliens to file frivolous benefit requests. This policy update amends the previous Biden-era policy, which encouraged officers to request evidence before denying a benefit request, even if the benefit requestor filed an incomplete application, failed to demonstrate eligibility for the benefit, or failed to provide the initial evidence that was clearly required at the time of filing. This prior policy allowed frivolous or substantially incomplete filings to slow USCIS processing for others waiting in line. The Biden policy also enabled benefit requestors to exploit the system by filing “placeholder” applications to gain associated immigration benefits, like employment authorization, while they waited for a decision on their case. USCIS has restored officers’ full discretion to deny a benefit request without first issuing an RFE or NOID in various situations. With this updated policy, USCIS can better allocate resources to efficiently make decisions and prevent meritless requests. The policy is effective immediately and applies to requests pending or filed on or after Aug. 5, 2026, unless otherwise specified by regulations or USCIS policy. Last Reviewed/Updated: 08/05/2026 https://www.uscis.gov/newsroom/alerts/uscis-to-reduce-frivolous-immigration-benefits-requests-by-reinforcing-evidence-standards
27 July 2026
Release Date 07/27/2026 With this rule, USCIS can refer asylum applications to Immigration Judges without interviewing the alien WASHINGTON – The United States Department of Homeland Security (DHS) released the following statement after U.S. Citizenship and Immigration Services (USCIS) announced a rule change designed to reduce the backlog in the asylum system. Currently, both USCIS and Department of Justice (DOJ) Immigration Judges adjudicate applications for asylum: USCIS adjudicates “affirmative” asylum applications for aliens who are not in removal proceedings, while Immigration Judges adjudicate “defensive” asylum applications for aliens who are in removal proceedings. Depending on the alien’s immigration status, USCIS will usually either adjudicate the application or refer it to an Immigration Judge, who will then conduct a new review of the application. This essentially allows an alien to get a second chance at asylum. The interim final rule allows USCIS to refer asylum applications to Immigration Judges without first interviewing the alien. This rule will shorten the total time that it takes asylum officers and Immigration Judges to adjudicate asylum applications. Among other reasons, USCIS is making this change to reduce the asylum backlog. “For far too long the asylum system has been exploited for purposes of delay and work authorization, not legitimate claims of protection,” said USCIS Director Joseph Edlow. “America’s asylum system exists to protect individuals who genuinely fear persecution and this rule will help ensure that resources are directed to the timely adjudication of those claims instead of to those seeking to use the system as a loophole.” “One of the greatest barriers to effective immigration enforcement is intentional delay by illegal aliens and the open borders attorneys who represent them,” said DHS General Counsel James Percival . “My office works every day with the immigration components of DHS to improve efficiency and fulfill the President’s mandate. The rule would do just that.” The new rule will go into effect immediately. USCIS will accept public comments and later issue a final rule responding to those comments. Last Reviewed/Updated: 07/27/2026 https://www.uscis.gov/newsroom/news-releases/uscis-announces-rule-change-to-asylum-system-to-reduce-backlog
17 July 2026
Release Date 07/17/2026 U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year 2027.
16 July 2026
Release Date 07/16/2026 WASHINGTON — The Department of Homeland Security (DHS) has issued a final rule rescinding the 2022 Biden-era regulation regarding public charge determinations, further aligning immigration law with Congressional intent that aliens in the United States be self-reliant and not dependent on taxpayer-funded government benefits. Under the Immigration and Nationality Act (INA), an individual applying for a visa, admission, or adjustment of status is inadmissible to the United States if deemed likely at any time to become a public charge. The now-rescinded Biden-era regulation restricted which public benefits DHS could consider, limiting officers’ ability to review all relevant factors as intended by Congress. With this final rule, USCIS officers are empowered to assess all pertinent facts on a case-by-case basis for each applicant. “The Trump administration is upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits. USCIS is committed to safeguarding the safety, security, and financial well-being of Americans,” said U.S. Citizenship and Immigration Services spokesperson Zach Kahler. The rule will take effect on Sept. 18, 2026. USCIS will publish a revised Form I-485, Application to Register Permanent Residence or Adjust Status . Older versions of Form I-485 postmarked or submitted electronically on or after the effective date will not be accepted. For more information on USCIS and its programs, please visit uscis.gov or follow us on X , Instagram , YouTube , Facebook , and LinkedIn .
by Design Team 24 June 2026
We last updated this page on June 24, 2026. This page does not contain a list of all USCIS offices. It lists only offices that are closed or have temporarily changed hours. Please check this page on the day of your appointment for any office closures or other important information. If you have appointments at more than one office (for example, a field office and an application support center), please check both sections to ensure the offices are open. We are not accepting walk-in visits right now. You must have a scheduled appointment before arriving at a USCIS office. For more information or help, please see our Contact Center page.
5 June 2026
Release Date 06/05/2026 U.S. Citizenship and Immigration Services opened an additional asylum office location in San Antonio, Texas. Beginning May 28, 2026, aliens who filed for asylum with USCIS who reside in the jurisdiction of the Houston Asylum Office may be interviewed at either the Houston Asylum Office or the San Antonio Asylum Office. This additional location increases the Houston Asylum Office’s capacity to schedule and conduct affirmative asylum interviews. The physical and mailing addresses for the new San Antonio-based office are: Physical Address: 106 S. St. Mary St., 7th Floor San Antonio, TX 78205 Mailing Address: 16855 Northchase Drive, 2nd Floor Houston, TX 77060 If you applied for asylum and USCIS schedules you for an asylum interview, carefully review your interview notice for important information about where to appear for your interview. See the Asylum Office Locator for more information about asylum office locations. For accessibility and accommodation requests, please visit our Disability Accommodations for the Public page. For more information about what to expect at your affirmative asylum interview, see our Preparing for Your Affirmative Asylum Interview webpage. https://www.uscis.gov/newsroom/alerts/uscis-opens-asylum-office-in-san-antonio Last Reviewed/Updated: 06/05/2026
28 May 2026
Release Date 05/28/2026 The Department of Homeland Security posted a Federal Register notice on the six-month automatic extension of Temporary Protected Status (TPS) for Lebanon, from May 28, 2026, through Nov. 27, 2026. Under the TPS statute, if the secretary of homeland security does not decide whether a country still qualifies for TPS at least 60 days before the country’s TPS designation expires, its TPS designation is automatically extended for six months. Former Secretary Noem and Secretary Mullin, who was sworn in on March 24, 2026, were unable to make an informed determination on Lebanon’s TPS designation by the March 28, 2026 statutory deadline due to the dynamic and quickly unfolding events in Lebanon that required a new review of country conditions and impacted the ability to provide information for Secretarial consideration. A six-month extension allows existing beneficiaries of TPS Lebanon to keep their TPS through Nov. 27, 2026, if they still meet the eligibility requirements for TPS. Employment Authorization Documents that were already issued under Lebanon’s TPS designation will automatically be valid through Nov. 27, 2026. Find more information about TPS at uscis.gov/tps . For more information on USCIS and our programs, please visit uscis.gov or follow us on X , Instagram , YouTube , Facebook and LinkedIn . https://www.uscis.gov/newsroom/alerts/dhs-automatically-extends-temporary-protected-status-for-lebanon  Last Reviewed/Updated: 05/28/2026