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Thursday, June 28, 2012

Do You Qualify for an Expedited EAD?


Generally the USCIS processes the Form I-765 Application for Employment Authorization on a first-in, first-out basis.  Did you know that there is an expedite program for those applications submitted by an applicant that affect employers with critical operations, where there is potential impairment to the company if there is a gap in employment authorization for a key employee?

The following information comes from the USCIS Website, USCIS.gov.

“Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:

·         Severe financial loss to company or individual
·         Extreme emergent situation
·         Humanitarian situation
·         Nonprofit status of requesting organization in furtherance of the cultural and social interests of the   United States
·         Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
·         USCIS error
·         Compelling interest of USCIS”

If you feel that you meet one or more of the above criteria, you should be able to answer the following questions:

1. What is it about the Applicant’s skill and expertise that are critical to the Company’s operations?
2. How severely would the Company be impaired without the Applicant's day to day involvement?
3. Does the continuing viability of the Company's business depend on the Applicant’s immediate return to work?
4. How would the Applicant's absence affect the Company financially? ie. do the jobs and livelihood of other employees depend on the Applicant's presence?
5. When does the Employer demand the Applicant have his/her valid EAD by in order to secure his/her position?

If you and your employer can document your qualifications under the expedite criteria and the sample questions, the Miller Law Offices can help you apply for your EAD under the expedited criteria for USCIS discretion.