USCIS Guidance on Expedited EADs for Healthcare and Childcare Workers

Posted by Ann Badmus | Oct 27, 2022 | 0 Comments

If you are a healthcare worker or a childcare worker who has a valid immigration status and has an initial Application for Employment Authorization (Form I-765), that has been pending for over 90 days, you can request expedited processing. USCIS had previously announced this flexibility for qualifying healthcare and childcare workers with a pending employment authorization document (EAD) renewal application, whose EAD is expiring within 30 days or has already expired. We are now extending this flexibility to include initial EAD applications that have been pending for over 90 days for healthcare and childcare workers.

Do You Qualify?
To determine whether you are a qualifying healthcare worker, see this DHS advisory memorandum (“Healthcare / Public Health” section, pages 7-9) (PDF). To determine whether you are a qualifying childcare worker, see the U.S. Department of Labor's  Standard Occupational Classification (SOC) code 39-9011, which includes workers who “attend to children at schools, businesses, private households, and childcare institutions” and “perform a variety of tasks, such as dressing, feeding, bathing, and overseeing play.” (Note that this definition does not include preschool teachers or teaching assistants.)

Next Steps
Call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) to request expedited processing of your EAD application based on your circumstance as a healthcare worker or a childcare worker with an EAD application that meets the above criteria.

If you are requesting expedited processing of your EAD application and you have a pending or approved case based on T or U nonimmigrant status, follow the case inquiry process outlined at Victims of Human Trafficking and Other Crimes. If you are requesting expedited processing of your EAD application and have a pending or approved VAWA I-360 or I-485, follow the case inquires processes at Abused Spouses, Children and Parents.

Additional information
Be prepared to provide evidence of your profession or current or immediate prospective employment as a healthcare worker or a childcare worker (such as an Employment Verification Letter, recent earnings statement, or pay stubs) and current valid immigration status. If the evidence you provide is not sufficient, we may not accommodate your request for expedited processing of your Form I-765. For more information on expedite requests, please see our webpage on How to Make an Expedite Request

This article is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances.  For a comprehensive evaluation of your immigration situation and options, you are invited to call us at 214-494-8033, text us using our chat box, or complete our contact form.

About the Author

Ann Badmus

Principal and Managing Attorney

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