Employment Authorization for Abused Spouses of Certain Nonimmigrants
United States Citizenship and Immigration Services issued a policy memo March 8 that revised Chapter 30.13 of the Adjudicator’s Field Manual relating to employment authorization eligibility for the abused spouses of certain nonimmigrants. In order to qualify, the abused spouse must have entered the United States in one of the following nonimmigrant categories and must be accompanying or following to join a spouse who was admitted in one of the same categories:
- INA § 101(a)(15)(A) – foreign government diplomats and officials and immediate family members and their attendants, servants and personal employees;
- INA § 101(a)(15)(E)(iii) – Australian specialty occupation workers;
- INA § 101(a)(15)(G) – employees of foreign governments and international organizations and immediate family members and their attendants, servants and personal employees;
- INA § 101(a)(15)(H) – specialty occupation workers, Free Trade Agreement professionals from Chile and Singapore, temporary agricultural and non-agricultural workers, trainees and special education exchange visitors and immediate family members of specialty occupation workers.
Employment authorization is allowed under INA § 106(a) if the spouse demonstrates that during the marriage he or she or their child was battered or subject to extreme cruelty perpetrated by the principal nonimmigrant spouse. Employment authorization will be issued in two-year intervals. The abused spouse will apply using a new form I-765V.
The memo describes in greater detail eligibility for employment authorization; the required evidence of immigration status, marital relationship and abuse; as well as the filing procedure.