Instructions For I-765 - Application For Employment Authorization (Page 6 of 19) in pdf

H. Principal Beneficiary of an Approved Employment-based Immigrant Petition Facing Compelling

Circumstances--(c)(35). File Form I-765 with documents showing that you are eligible for an initial grant or a

renewal of employment authorization under the (c)(35) eligibility category.

Initial Application: If this is your first application for compelling circumstances employment authorization

under the (c)(35) eligibility category, and an immigrant visa number is not yet available to you, you may be

eligible if:

(1) You have a Form I-140 approved on your behalf;

(2) You are in the United States in a valid E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status; and

(3) You face compelling circumstances.

See the Supporting Evidence by Principal section for more information regarding what documents to

submit with your application, including additional requirements where you have been convicted of certain

crimes.

Renewal Application: If you already have employment authorization under the (c)(35) eligibility category, you

may be eligible for renewal if:

(1) You have a Form I-140 approved on your behalf;

(2) You face compelling circumstances and an immigrant visa is not authorized for issuance based on your

priority date according to the relevant Final Action Date in the Department of State Visa Bulletin in effect on

the date the application for a renewal of employment authorization is filed; OR

The difference between your priority date and the Final Action Date for your preference category and country

of chargeability is one year or less according to the Department of State Visa Bulletin in effect on the date

your renewal application is filed. This means that your priority date cannot be more than 1 year earlier or 1

year later than the Department of State cut-off date in the Visa Bulletin applicable to your preference category

and country of chargeability in effect on the date your renewal application is filed. If this is the basis for your

renewal application, you are not required to show compelling circumstances; AND

(3) You file your renewal application on Form I-765 with USCIS before your current employment authorization

expires.

You are not required to be in a valid nonimmigrant status when you file your renewal application.

See the Supporting Evidence by Principal section for more information regarding what documents to

submit with your application, including additional requirements where you have been convicted of certain

crimes.

Supporting Evidence by Principal

(1) Proof You Are in the United States in E-3, H-1B, H-1B1, O-1, or L-1 Nonimmigrant Status. For initial

applications, submit a copy of your Arrival-Departure Record (Form I-94) showing your admission as an E-3,

H-1B, H-1B1, O-1, or L-1 nonimmigrant, or a copy of your current Form I-797 approval notice for Form

I-129.

(2) Proof of Your Approved Form I-140. For initial and renewal applications, submit a copy of a Form I-797

approval notice for Form I-140 showing the Immigrant Petition has been approved on your behalf.

(3) Evidence You Are Facing Compelling Circumstances While You Wait for Your Immigrant Visa to

Become Available. For initial and, if applicable, renewal applications based on compelling circumstances,

USCIS will review the documents you provide to determine, in its discretion, whether you have established

compelling circumstances. USCIS makes this discretionary determination on a case-by-case basis according

to the documents submitted and the totality of the record. You should submit any credible evidence you

believe supports your claim of compelling circumstances.

Form I-765 Instructions 07/17/17 N

Page 6 of 19

Instructions For I-765 - Application For Employment Authorization Page 6

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