Many students might find themselves in a situation where they suddenly lose their job under H-1B. People can feel a bit caught off guard, and many wonder how they can retain their legal status and work authorization.
In the best-case scenario, finding a new employer as quickly as possible and submitting a new H-1B petition, would be ideal. This way, you can seamlessly transition to your new work permit and start working right away.
However, some might be concerned about not finding a new employer within the 60-day grace period or not having any alternative options to apply for. In such cases, if you're simply looking to maintain your legal status and buy yourself some extra time to land a job offer, you can consider transitioning to a B-2 visa, for example.
But if your goal is to retain your work authorization, you might explore a provision known as the "compelling circumstances EAD," also referred to as the "special circumstances EAD."
USCIS Official Description of Compelling Circumstances Employment Authorization Document (EAD)
This provision was introduced towards the end of 2016 and took effect in January 2017, during the Obama administration. While this provision hasn't been widely used since its inception due to certain limitations, the unique circumstances brought about by the COVID-19 pandemic might make it more relevant now.
| Who Benefits from Compelling Circumstances Employment Authorization
This provision applies specifically to individuals in certain visa categories, including E-3, H-1B, H-1B1, O-1, and L-1 visa holders.
It requires applicants to file while their current status is still valid, much like most other extension or change of status applications. Furthermore, having an approved Form I-140 petition (a step in the green card process) is a requirement. It's not applicable to those who haven't reached this stage yet.
Other Eligibility Criteria
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No filed I-485, and the priority date must not be current
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No convictions of a felony or two or more misdemeanors
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Provision of biometrics by the applicant and their dependents
“If you’re not there yet in the green card process but suddenly got laid off on H-1B, there’s also an alternative solution Day 1 CPT below ”
This provision is meant for individuals whose employment has been significantly impacted due to extraordinary circumstances, such as serious illness or injury, disputes with employers, adverse effects on employer operations, or other major hardships. The COVID-19 pandemic can potentially qualify as a compelling circumstance, but it's important to note that each case is unique.
When applying for this work authorization, it's valid for one year, and if your situation still meets the criteria after a year, you can renew it for another year. Even if you have less than a year left until your priority date becomes current, you might still be eligible for an extension.
It's worth mentioning that if you can prove that you contribute to the national interest of the United States, you might be exempt from some of these special circumstance requirements.
However, one crucial thing to note is that
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this provision doesn't grant you a change in status, meaning you won't be able to directly adjust to other visa categories or apply for a green card within the U.S
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While it might seem a bit limited, it still serves a purpose. For instance, during the period between applying for this work permit and applying for a green card, you might have the chance to secure a new H-1B approval or even leave the US, apply for an immigrant visa at a U.S. consulate, and re-enter on a green card
In the current pandemic situation, when travel might not be as straightforward, and yet you need work authorization, the compelling circumstances EAD could offer a viable option.
Compelling Circumstances Employment Authorization is a great way to mitigate the pressure posted by the layoff during H-1B status and grant you legal status not only to stay but also seek employment in the US.
However, there’re a great percentage of H-1B holders who has not yet got to their green card application or unfortunately got laid off when their H-1Bs were just activated. They might not be qualified to apply for compelling circumstances EAD and even if applied, they ended up spend extra time on H-1B grace period that would not guarantee positive outcome. Day 1 CPT is another alternative to precisely deal with H-1B layoffs and get you back into your career as soon as possible.
| What’s Day 1 CPT? How Does it Work?
Day 1 CPT (Curricular Practical Training), is a legal work permit under F-1 visa, where you enroll in a practical academic program that allows you to work full-time from the start of the program. By participating in Day 1 CPT programs, H-1B visa holders would change their status to F-1, then transition seamlessly into work opportunities on the first day they are eligible, providing a way to maintain employment continuity and explore new avenues for professional growth.
You would not need to re-enter H-1B lottery, when you want to transfer back to H-1B in the near future. Learn more about Day 1 CPT? Sign up for a free consultation now!
Interested in Day 1 CPT or having status issues, CPTDog’s consultants can help!
