EAD for Battered Spouses!

On March 8, 2016, USCIS issued a new Policy Memorandum regarding the eligibility for Employment Authorization to battered spouses of certain nonimmigrants. This now impacts and provides relief to dependents of H visa, E visas, G and A visas and will be finally implemented as soon as the Form I-765V is published. This policy is applicable to those who were last admitted to the US and accompanied or are following to join principal spouse admitted under relevant INA sections. The employment authorization under this category will be issued for a period of 2 years. The battered spouse must submit credible evidence to establish that the applicant resides in the US and that the applicant or applicant’s child has been battered or has been the subject of extreme cruelty perpetrated by the principal nonimmigrant spouse. If the applicant remarries prior to adjudication of the application, he or she will be ineligible for initial issuance or renewal of employment authorization. At the end, USCIS has sole discretion to determine the credibility of evidence and what weight is given to such evidence. This problem which impacts dependent visas in our communities will protect the victims and provide them an option to leave their abusers legally and still stay in the country using this option.