Tucked away in the Code of Federal Regulations is a statute that provides employment authorization to nonimmigrants – such as holders of E-3, H-1B, H-1B1, L-1, or O-1 visas – who are in positions of last resort. Unfortunately, getting U.S. Citizenship and Immigration Services (USCIS) to approve an application for an Employment Authorization Document (EAD) under this stopgap provision may prove arduous and problematic.
However, with USCIS’s recent new guidance aimed at addressing EAD adjudication standards, approval rates may improve and individuals with compelling circumstances may be able to start obtaining this benefit.
