EAD - Proof for Severe financial loss.

[TravelingLilly 14]

Can someone help me getting info with EAD expedite?  I would like to know what are to prerequisites to consider when proving Severe Financial Loss.

 

Before moving to US I already had not worked for couple months. Then I moved and during the time to apply for AoS from K-1, I have not worked as well. Now, I have received two job offers from two big companies.

Since I am supposed to receive NOA1 in very few days, I want to ask for expedited EAD. Could be my case(not working for many months) and the job offers received, valid reasons to prove Severe Financial Loss to a person? I am not considering it for a company since they are very big company and would be meaningless proving that they are facing loss without me. Also, what is the average processing time for EAD expedite?

 

I get a little sad to thing I can not work still for lots of months  and that the company has to go ahead and give the position to others if EAD can not be expedited....:(

 

Thank you to everyone!.

[MayceMir 20]

37 minutes ago, TravelingLilly said:

Can someone help me getting info with EAD expedite?  I would like to know what are to prerequisites to consider when proving Severe Financial Loss.

 

Before moving to US I already had not worked for couple months. Then I moved and during the time to apply for AoS from K-1, I have not worked as well. Now, I have received two job offers from two big companies.

Since I am supposed to receive NOA1 in very few days, I want to ask for expedited EAD. Could be my case(not working for many months) and the job offers received, valid reasons to prove Severe Financial Loss to a person? I am not considering it for a company since they are very big company and would be meaningless proving that they are facing loss without me. Also, what is the average processing time for EAD expedite?

 

I get a little sad to thing I can not work still for lots of months  and that the company has to go ahead and give the position to others if EAD can not be expedited....:(

 

Thank you to everyone!.

I believe the job offer should be enough to get the expedite EDA. I've seen two people do it recently with just a job offer, the only thing is they have to wait to have completed the biometrics before sending the expedite request. Good luck

[TravelingLilly 14]

30 minutes ago, MayceMir said:

I believe the job offer should be enough to get the expedite EDA. I've seen two people do it recently with just a job offer, the only thing is they have to wait to have completed the biometrics before sending the expedite request. Good luck

Thank you, MayceMir. Any example that could help me are more than welcome! 

I just thought I could apply after NOA1...I must have misunderstood what I've read on many topics. 

[TravelingLilly 14]

51 minutes ago, MayceMir said:

I believe the job offer should be enough to get the expedite EDA. I've seen two people do it recently with just a job offer, the only thing is they have to wait to have completed the biometrics before sending the expedite request. Good luck

I found this on USCIS website:

 

"You can generally request expedited processing by contacting the USCIS Contact Center at 1-800-375-5283 (TTY for the deaf, hard of hearing, or those having a speech disability: 1-800-767-1833) after you have obtained a receipt notice. The USCIS Contact Center will not be able to refer the expedite request to the appropriate office without a receipt number. When you call to request expedited processing, the USCIS Contact Center creates and forwards a service request to the office with jurisdiction over your application or petition."

 

So I think I could apply after NOA1

[MayceMir 20]

26 minutes ago, TravelingLilly said:

I found this on USCIS website:

 

"You can generally request expedited processing by contacting the USCIS Contact Center at 1-800-375-5283 (TTY for the deaf, hard of hearing, or those having a speech disability: 1-800-767-1833) after you have obtained a receipt notice. The USCIS Contact Center will not be able to refer the expedite request to the appropriate office without a receipt number. When you call to request expedited processing, the USCIS Contact Center creates and forwards a service request to the office with jurisdiction over your application or petition."

 

So I think I could apply after NOA1

Oh it looks like it is possible! Keep us updated. I have never done it myself I just read experiences from the facbook group I am in. Good luck, and come back to let us know how it goes! 

[TravelingLilly 14]

Does anyone know if a job offer, a statement of the company and the absence of personal financial incomes(so relying only on my husband), could be considered compelling proofs for Severe Financial Loss? 

[Ontarkie 14,227]

~~Moved to Working and Traveling, from AOS from Work, Student and Tourist Visas - the topic is about the EAD~~

[my&aaron 54]

5 minutes ago, TravelingLilly said:

Does anyone know if a job offer, a statement of the company and the absence of personal financial incomes(so relying only on my husband), could be considered compelling proofs for Severe Financial Loss? 

Here's what I did in terms of supporting documents for my expedite request. You can read about other experience in this thread: 

 

Basically after you file the request through an USCIS officer on the basis of financial loss, your request will be reviewed. They can straight up deny you or they will ask for supporting documents from you. They requested supporting docs from me so see below. My timeline can be found on my signature so you can see how long it took me. 

 

Some of the documents are very specific to my situation, so I would list out everything that would be considered a financial constraint to you, had you have to pass on this offer. 

 

A paragraph talking about the losses I would face:

 

"The loss of this job offer will not only result in a severe financial loss to us but also will consequently impact my career as I stand to suffer a major professional setback, given the unique nature of this opportunity. Lastly, I would lose the opportunity to have health insurance coverage through this employer as I am not currently insured since my husband and I cannot afford to pay the spouse premium.

 

Please find the following documents to support my claims, presented in the following order:

1. USCIS email notice requesting additional information
2. Job offer letter highlighting the expiration date of abc. 
3. Proof of the employment gap: previous EAD card, Employment verification letter from my previous employer
4. Proof of current health situation: not insured, needing emergency wisdom teeth extractions, Proof of my husband’s current health insurance plan stating a $x increase in premium per month for spouse, Dentist’s emergency treatment plan for three wisdom teeth extractions estimating over $x
5. Outstanding monthly expenses that are currently being paid solely by my husband: Residential rental contract showing our monthly rent of $x
6. Outstanding loans that are currently being paid solely by my husband: A student loan statement with a remaining balance of $x, Auto loan statements with a total remaining balance of $x, A wedding expenses loan statement with a total remaining balance of $x
7. A certified copy of marriage certificate

[TravelingLilly 14]

6 minutes ago, my&aaron said:

Here's what I did in terms of supporting documents for my expedite request. You can read about other experience in this thread: 

 

Basically after you file the request through an USCIS officer on the basis of financial loss, your request will be reviewed. They can straight up deny you or they will ask for supporting documents from you. They requested supporting docs from me so see below. My timeline can be found on my signature so you can see how long it took me. 

 

Some of the documents are very specific to my situation, so I would list out everything that would be considered a financial constraint to you, had you have to pass on this offer. 

 

A paragraph talking about the losses I would face:

 

"The loss of this job offer will not only result in a severe financial loss to us but also will consequently impact my career as I stand to suffer a major professional setback, given the unique nature of this opportunity. Lastly, I would lose the opportunity to have health insurance coverage through this employer as I am not currently insured since my husband and I cannot afford to pay the spouse premium.

 

Please find the following documents to support my claims, presented in the following order:

1. USCIS email notice requesting additional information
2. Job offer letter highlighting the expiration date of abc. 
3. Proof of the employment gap: previous EAD card, Employment verification letter from my previous employer
4. Proof of current health situation: not insured, needing emergency wisdom teeth extractions, Proof of my husband’s current health insurance plan stating a $x increase in premium per month for spouse, Dentist’s emergency treatment plan for three wisdom teeth extractions estimating over $x
5. Outstanding monthly expenses that are currently being paid solely by my husband: Residential rental contract showing our monthly rent of $x
6. Outstanding loans that are currently being paid solely by my husband: A student loan statement with a remaining balance of $x, Auto loan statements with a total remaining balance of $x, A wedding expenses loan statement with a total remaining balance of $x
7. A certified copy of marriage certificate

That is very kind of you! My case is different from yours, since I have not a job unlike you , who had one when you asked for EAD. I have no clue, though, if it is a pro or con to me. 

I have bills, phone, public transfer and health insurance to pay I can rely only on my husband now. hope they can consider that.

Anyway, do you have a mail address/contact to send the request to or should I call 1-800-375-5283, which is the number reported on USCIS website, in any case? 

[carmel34 3,633]

You can try for an expedite, no harm, no form, no fee to try.  The financial hardship standard is a difficult one to predict based on other VJ members' experiences, sometimes expedites are approved, sometimes they are denied, because financial hardship is a weak argument when the K-1 sponsor or joint sponsor needs to show and commits in writing that they can support you financially once you arrive in the US. Good luck with the expedite request!  Hope it works out for you.

[TravelingLilly 14]

@carmel34 Thank you! I get your point. Indeed we collected and sent many documents proving my husband's financial means that are supporting my expanses during AoS. But he does not have such high salary at the same time to say we are totally happy. Now I really rely on him and have no personal incomes and there is also the career factor that someone in this forum has claimed to use when writing a cover letter. 

Like you said,  since it does not affect any other steps of AoS, I'd give it a try.

[JFH 12,190]

Makes one wonder what the appeal of the K-1 was for you in the first place. I assume you are French avd VWP eligible? You could have married on a visit here and then returned home and filed a CR-1 and be working by now.

 

Food for thought for any readers wondering which visa path to take. 

[geowrian 22,337]

Expedite criteria: https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5

Of note: "The need to obtain employment authorization, standing alone, without evidence of other compelling factors, does not warrant expedited treatment. ". This implies that just having a job offer is not sufficient reason to expedite - it should be part of other factors. Note that this terminology was not explicitly included about a year or so ago.

[TravelingLilly 14]

10 hours ago, JFH said:

Makes one wonder what the appeal of the K-1 was for you in the first place. I assume you are French avd VWP eligible? You could have married on a visit here and then returned home and filed a CR-1 and be working by now.

 

Food for thought for any readers wondering which visa path to take. 

We got married in my country, France and yes, I was VWP eligible. But like I said, before, but even right after he proposed to me, our plans were not clear yet. There were chances that he would move to France and not me to US. That's why we did not ask for K-1 Visa. 

[TravelingLilly 14]

35 minutes ago, geowrian said:

Expedite criteria: https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5

Of note: "The need to obtain employment authorization, standing alone, without evidence of other compelling factors, does not warrant expedited treatment. ". This implies that just having a job offer is not sufficient reason to expedite - it should be part of other factors. Note that this terminology was not explicitly included about a year or so ago.

Wao! So lucky....