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An initial Employment Authorization Document (EAD) application, that has been pending for over 90 days, for healthcare and childcare workers, and who have valid immigration status can now be requested for expedited processing. The form to use is the Form I-765. This expedited request process is already in place for those with pending renewal EAD applications.
To qualify, a person will need to prove their profession, and current/immediate prospective employment as a healthcare or childcare worker. They will need to provide an Employment Verification Letter, recent paystubs or earning statements, and proof of current valid immigration status.
Healthcare Workers
USCIS cites pages 7-9 of a memorandum from the Department of Homeland Security that outlines criteria for workforce that is considered ‘essential.’ On these pages, the Cybersecurity and Infrastructure Security Agency (or CISA) outlines workers who would fall under the “healthcare or public health” category of essential workers. The information can be found here: https://www.cisa.gov/sites/default/files/publications/essential_critical_infrastructure_workforce-guidance_v4.1_508.pdf
Childcare Workers
And USCIS also cites the Department of Labor’s Standard Occupational Classification, or SOC, code 39-9011 to determine qualification under ‘childcare worker.’ The website states this under the SOC code 39-9011:
“Attend to children at schools, businesses, private households, and childcare institutions. Perform a variety of tasks, such as dressing, feeding, bathing, and overseeing play. Excludes “Preschool Teachers, Except Special Education” (25-2011) and “Teaching Assistants, Preschool, Elementary, Middle, and Secondary School, Except Special Education” (25-9042).
Illustrative examples: Au Pair , Daycare Provider , Nanny”
The full 39-0000 SOC codes can be found here: https://www.bls.gov/soc/2018/major_groups.htm#39-0000
T or U Nonimmigrant Status
If someone has a pending or approved case based on a T or U nonimmigrant status on top of requesting expedited processing of an EAD application, they would need to follow the case inquiry process for those specific nonimmigrant categories. That information can be found here: https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes. And if someone is requesting expedited processing of an EAD application but also has a pending or approved VAWA I-360 or I-495 form, then the individual would need to follow the process found in this link: https://www.uscis.gov/humanitarian/abused-spouses-children-and-parents.
What are the next steps if you or a loved one qualifies? As always, you can also call our offices at (630) 262-1435 or email us at jacki@lentinivisas.com for more information regarding a consultation.