The USCIS and Department of Homeland Security issued a proposed rule titled, “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High Skilled Non immigrant Workers”. Under this rule, DHS will provide EADs to the beneficiaries on E-3, H-1B, H-1B1, L-1 or O-1 non immigrant status if they can demonstrate compelling circumstances after the approval of an I-140 filed for them by their employer. The alien worker must provide evidence of compelling circumstances while waiting for the visa approval. The rule does not define compelling circumstances and only provide suggestions such as serious illness or disability. Further, any EAD renewal under the given proposed rule, should have a difference between the priority date of the beneficiary’s I-140 and the cutoff date per visa bulletin, of less than one year.

On a positive note, the rule proposes, if the I-140 petition has been approved for at least 180 days, it would not be subject to either withdrawal by the employer or revocation due to business closure.