who is the beneficiary if i applied ead through attorney

by Clemmie Johnston 5 min read

In addition to the application form, fee and required passport photos, the EAD application would seek evidence that the H-1B nonimmigrant spouse is beneficiary of an approved I-140 petition or has PERM Labor Certification or I-140 petition filed more than 365 days prior; in addition to evidence of the applicant’s H-4 status validity and duration.

Full Answer

Do the new rules for EAD apply to my case?

May 09, 2015 · The USCIS approves applications for form I-765 Employment Authorization Documents (EADs) submitted by certain H-4 spouses of H-1B professionals.. What follows is a list of answers to the most frequently asked questions about this policy: 1. Which H-4 spouses are eligible for EADs? H-4 spouses of H-1B professionals with approved I-140 visa petitions or who …

Who is eligible to apply for an EAD?

Apr 30, 2020 · To qualify for a compelling circumstance EAD, an individual must 1) be the principal beneficiary of an approved I-140 (EB1, EB2, or EB3) without an immediately available green card (visa backlog) and 2) be in the United States in E-3, H-1B, H-1B1, L-1, or O-1 nonimmigrant status.

Can a spouse of an H-1B visa holder apply for an EAD?

Sep 15, 2021 · H-4 EAD allows H-4 visa holders to legally work in the United States. Much like the H-4, a party may be eligible to receive an H-4 Visa if their spouse or parent is the principle beneficiary of an approved Form I-140 Immigrant Petition for Alien Workers or if they have been granted H-1b status and are seeking to go beyond the six-year time frame.

What if I had EAD through another visa?

The agency has now confirmed that it will be separating the issuance of the employment authorization document (EAD card) and advance parole (AP) document and will no longer be issuing these “combo cards.” ... A nonprofit organization seeking to expedite a beneficiary’s benefit request must demonstrate an urgent need to expedite the case ...

Who is applicant and who is beneficiary?

The Applicant is the person or company who has requested the letter of credit to be issued; this will normally be the buyer. The Beneficiary is the person or company who will be paid under the letter of credit; this will normally be the seller (UCP600 Art.

Who is the beneficiary on an immigration application?

A beneficiary is an alien who has a visa petition filed on his or her behalf. Who is a principal beneficiary? A principal beneficiary is the alien on whose behalf a visa petition is filed.

Who is the petitioner and beneficiary in immigration?

The Petitioner is a person making a request of the government. In the context of immigration, this is a person (the “petitioner”) who files an immigration form to request benefits on behalf of another person (the “beneficiary”).

Was the beneficiary ever in immigration proceedings meaning?

Item 53. Was the beneficiary EVER in the immigration proceedings: If your parent was ever in immigration court in deportation (removal) proceedings, answer “Yes”. Immigration proceedings include removal, exclusion/deportation, rescission and other judicial proceedings.

Who can be derivative beneficiaries?

In the preference categories, once an employer or a U.S. citizen or resident submits a visa petition (USCIS Form I-140 or I-130) for a foreign-born relative, that person's spouse and children (unmarried, under the age of 21) will automatically be included in the immigration process (if they wish) as a so-called " ...

Who are beneficiaries?

A beneficiary is any person who gains an advantage and/or profits from something. In the financial world, a beneficiary typically refers to someone eligible to receive distributions from a trust, will, or life insurance policy.

What does beneficiary mean in USCIS?

Beneficiaries, in relation to Immigration law, refers to aliens on whose behalf a US citizen, legal permanent resident, or employer have filed a petition for such aliens to receive immigration benefits from the US Immigration and Naturalization Service.

Is applicant same as beneficiary?

Applicant (Visa): A foreign citizen who is applying for a nonimmigrant or immigrant U.S. visa. The visa applicant may also be referred as a beneficiary for petition based visas.

Can petitioner and beneficiary be the same?

Beneficiary as petitioner For any self-petitioning immigration-related petition, the beneficiary and the petitioner are the same person. In other words, if a foreign national wishes to apply for an immigration benefit on their own, they can list themselves as both the petitioner and beneficiary in the application form.Nov 21, 2021

At which USCIS office will the beneficiary apply for adjustment of status?

Adjustment of Status If you filed an Application to Register Permanent Residence or Adjust Status (Form I-485) because you were already in the United States, the location will be the “City, State” of the USCIS office where you filed. Usually this is the service center that processed your I-485 application.Jul 25, 2021

How do I fill out Form i30?

0:4521:49How to fill out the Form I-130 to Immigrate a Spouse Lawyer TipsYouTubeStart of suggested clipEnd of suggested clipThe form i-130. This is the petition for alien relatives. So this is where you are petitioning yourMoreThe form i-130. This is the petition for alien relatives. So this is where you are petitioning your spouse. And you want to make sure that you complete this form as thoroughly as possible.

Was there ever a beneficiary in USA?

It means just what it says: “Was the beneficiary ever in the U.S.” Because if he was, he was subject to U.S. laws during that time period - and that could possibly (however unlikely) have ramifications in the situation (taxes, fraud, etc.), depending on the timeline of the events.

How and when do I Apply? What is the filing fee?

You must file a Form I-765 before the expiration of your current non-immigrant status (i.e. E-3, H-1B, H-1B1, L-1, or O-1 nonimmigrant status), including any applicable grace period, with a selection of category C (35) for principal applicant and C (36) for qualifying dependent spouse and/or child.

How long does the EAD last?

The EAD will be valid for one-year upon approval.

Does a compelling circumstance EAD give me legal status? If not, how will it impact my ability to change status or re-enter the United States?

A compelling circumstance EAD does not grant legal status. In fact, working on a compelling circumstance EAD will generally void your current legal status as USCIS will consider you are no longer working pursuant to the terms of your non-immigrant visa.

What types of compelling circumstances does the government consider?

Generally, USCIS will consider four categories of compelling circumstances: 1) Serious illness or disability faced by the nonimmigrant worker or his or her dependent; 2) employer retaliation against the nonimmigrant worker, 3) other substantial harm to the applicant; and 4) significant disruption to the employer.

What to do if your EAD card is lost?

If your EAD card is lost, stolen, damaged, or destroyed, then you will need to get a replacement. This is done the way that you would get a renewed card. Just file a new I-765 along with the filing fee to replace your card.

What is the eligibility for H-1B?

First, the principal H-1B worker has to have an approved I-140 OR have been approved for H-1B status under sections 106 (a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21). This act allows nonimmigrants under H-1B status to continue to work in the U.S. while they transition to lawful permanent resident status.

How long before I-765 can I file?

It is not advisable to file more than 180 days before this date. As of January 2017, the USCIS is providing a 180-day extension to anyone who has filed a new I-765 for their EAD and is still eligible for employment authorization. Q.

Is an EAD the same as an entry document?

An EAD is not the same thing as an entry document, it only serves to permit you to work in the U.S. If you leave the country and want to reenter you must have a valid passport and H-4 nonimmigrant visa (or another travel document) with you.

When will the EAD rule apply?

If you are waiting for a decision on your asylum case and plan to submit an EAD application after August 25, 2020 these new rules will apply to your case. I am in removal proceedings and waiting for a judge’s decision on my case.

What is an EAD termination?

Revises the provisions for EAD termination so that if an asylum application is denied, any employment authorization associated with a pending asylum application would be terminated as well;

What are the new rules for asylum?

Current as of July 28, 2020. There are two new rules going into effect. Both rules modify the Department of Homeland Security’s (DHS) regulations governing asylum applications, interviews, and eligibility for employment authorization based on a pending asylum application. Rule 1: Removal of 30-Day Processing Provision for Asylum Applica nt-Related ...

When does the EAD expire?

Going forward, however, committing these actions will make you ineligible. My current EAD does not expire until after August 25, 2020.

Can an EAD be granted?

An EAD cannot be granted while the case is in Federal court, however, or after the Board of Immigration Appeals (BIA) denies an asylum claim. Changes the timeline for filing an asylum application and removes the requirement that USCIS has to return an incomplete application within 30 days;

Can I file for divorce if I have an I-485?

If you are divorced, then you are no longer eligible for adjustment of status as a derivative beneficiary of your husband. I would say it is safest to wait until you have I-485 to file for divorce.

Can I get a green card if I divorce?

You only get these benefits because you are married. So if you divorce, then you are no longer eligible for the green card. There is an argument that your EAD card is not useable and an argument that it is, until DHS terminates your I-485 application. If you file for divorce first, there is a real question at to whether you should retain the benefits as well. This can come back to bite you in later applications. See a competent immigration attorney to fully discuss what is happening in your marriage (are you 100% getting divorced, or just having a hard time, etc.), the options, risks and ramifications.

Is an EAD card useable?

There is an argument that your EAD card is not useable and an argument that it is, until DHS terminates your I-485 application. If you file for divorce first, there is a real question at to whether you should retain the benefits as well. This can come back to bite you in later applications.

What is the Employment Authorization Document (EAD)?

U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. Having an Employment Authorization Document (EAD) is one way to prove that you are allowed to work in the United States for a specific time period.

Who needs to apply for an EAD?

Not everyone needs an EAD to show proof of employment authorization. Individuals holding nonimmigrant visas that authorize them to work for a specific employer (for example, those with an H-1B, L-1B, O, or P visa) do not need to apply for an EAD. Lawful permanent residents also do not need to apply for an EAD.

Who are eligible for an EAD or work permit?

The following are the EAD eligibility categories indicated on the EAD. This is a listing of the specific groups of individuals eligible to apply for employment authorization and the corresponding eligibility code indicated on the EAD.

How do I apply for an EAD or work permit?

To request an EAD, you must file Form I-765, Application for Employment Authorization . On July 16, 2018, the U.S. Citizenship and Immigration Services (USCIS), the agency responsible for processing EAD applications, updated the Form I-765.

What is an EAD?

The EAD is a valuable benefit, providing flexibility in employment options. It is often assumed that there are restrictions or requirements that do not exist with the EAD. This information should clear up many of the most common questions and misconceptions about the EAD for our readers. Those with further questions are welcome to consult with an attorney at the Murthy Law Firm to obtain advice on this important document that allows an individual to work in the United States.

Who issues the EAD?

The EAD is issued by the U.S. Citizenship and Immigration Services (USCIS). Holders of this document are endowed with permission to work in the United States. Although many classes of foreign nationals are eligible to apply for the EAD, this article is dedicated to clarifying many of the issues pertaining to EADs that are granted ...

What is an EAD on an I-485?

The EAD is an optional benefit that can be requested with , or based upon, the I-485 filing. If an individual is in H1B, H-4, or another nonimmigrant status, his/her status remains intact, as long as the terms of that status are adhered to, even if there is an EAD.

How long does it take to renew an EAD?

The EAD renewal can be requested as much as 120 days before the expiration date of the most recent EAD. It is important to be conscious of the EAD expiration date. Renewals should be filed in advance, but not prior to the allowed 120-day period. EADs take approximately 90 days to process.

What is AC21 in labor certification?

For many, this means working for the sponsor or in a job that fits within the provisions of the American Competitiveness in the Twenty First Century Act (AC21), requiring a position that is the “same or similar” job occupational classification as the position described in the labor certification and I-140 petition.

Can I renew my EAD if I have an I-485?

If this timely filing does not happen for any reason, the EAD may still be renewed as long as the I-485 is pending. One may need another valid nonimmigrant status, like the H1B or L-1 to be able to continue working legally while in the United States.

Can I renew my EAD if it expires?

If the EAD expires, an individual can apply for an EAD renewal, as long as the basis for the EAD still exists. For EADs based on the I-485, the renewal may be requested as long as the I-485 remains pending with the USCIS.

Basic Requirements For I-140 EAD

  • To qualify for an I-140 EAD – or a compelling circumstances EAD, as it is referred to as in the final rule– there are several requirements that must be met. First, the applicant must be in the United States in valid H1B, H1B1, E-3, L-1, or O-1 status, including in any applicable grace period, at the time the EAD application is filed. Second, the ap...
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“Compelling Circumstances” Not Defined

  • The regulations do not define “compelling circumstances,” which will be adjudicated on a case-by-case basis considering the totality of the circumstances. In issuing the final rule, the DHS did provide a list of some circumstances that could be considered compelling, including serious illness or disability to the worker or a dependent family member, employer retaliation, substantia…
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Validity Period and Dependent Family Member Eligibility

  • If approved, the I-140 EAD is issued with a validity of up to one year. The person may apply to renew in one-year increments, if the priority date still is not current and the applicant continues to face compelling circumstances. Or, if the difference between the applicant’s I-140 priority date and the corresponding final action date is one year or less, the applicant may reapply without th…
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No Status, Or Unlawful Presence, During Employment Authorization Period

  • As noted, the foreign national will need to relinquish nonimmigrant status to work pursuant to the I-140 EAD. Fortunately, the final rule clarifies that the applicant will remain in a period of authorized stay while the timely filed and non-frivolous application is pending, or, if the EAD is issued, while working based on that EAD. This is important, as it means the applicant will not ac…
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May Need to Travel to Return to Valid Status Or File I-485

  • Given that the person will no longer be in status based on use of an I-140 EAD, in order to return to nonimmigrant status (e.g., H1B), the employer typically would need to file the petition for consular notification. The USCIS then could approve the petition without an I-94, and the individual would need to travel abroad and return with a valid visa “stamp.” Similarly, if the I-140 priority date beco…
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Conclusion

  • This is not to imply that the USCIS will routinely approve I-140 EAD applications merely because of the ongoing pandemic. Rather, each case will be reviewed individually, and the applicant will need to demonstrate that all eligibility criteria have been met, and that the extraordinary circumstances warrant issuance of an EAD. The Murthy Law Firm has experience assisting foreign nationals wit…
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