On December 28, 2021, U.S. Citizenship and Immigration Services (USCIS) issued guidance confirming that healthcare workers with a pending Employment Authorization Document (EAD) application can now request expedited processing if their EAD will expire within thirty days or has already expired. To determine whether an individual is a “qualifying healthcare worker”, see the Department of Homeland Security’s August 2021 advisory memorandum (“Healthcare / Public Health” section, pages 7-9). Applicants will need to provide evidence of their profession or current employment as a healthcare worker in order to be considered for expedited processing.
In addition, aliens with a pending EAD application who are classified as an “essential critical infrastructure worker” may also be able to request an expedited EAD. A list of essential critical infrastructure professions can be found in the August 2021 advisory memo cited above, and includes but is not limited to some of the following fields:
- Law enforcement, public safety, and first responders
- Education
- Food and agriculture
- Energy, including Electricity Industry; Petroleum Industry; Natural Gas, Natural Gas Liquids (NGL), Propane, and Other Liquid Fuels
- Water and Wastewater
- Transportation and Logistics
- Communications and Information Technology
- Other Community or Government-Based Operations and Essential Functions
- Critical Manufacturing
- Financial Services
- Chemical
- Defense Industrial Base
- Commercial Facilities
- Residential/Shelter Facilities, Housing and Real Estate, and Related Services
Wildes & Weinberg will continue to monitor any developments that related to updates in USCIS policy. If you have questions or would like to discuss applicability of this announcement to a pending EAD request or any other immigration matter, please contact our offices at (212) 753-3468 or info@wildesweinberg.com.
