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Employment Authorization for Abused Spouses of Diplomatic and Nonprofit Organization Visa Holders, E-3 Visa Holders, and H-1B Visa Holders

USCIS has revised the AFM (Adjudicator's Field Manual) to provide (renewable, two year) employment authorization for abused spouses of diplomatic and nonprofit organization visa holders, E-3 visa holders, and H-1B visa holders. Key points on eligibility:

An applicant must demonstrate that he or she:

  • Is married to a qualifying principal nonimmigrant spouse; or
  • Was married to a qualifying principal nonimmigrant spouse and
    • The spouse died within 2 years of filing the application;
    • The spouse lost qualifying nonimmigrant status due to an incident of domestic violence; or
    • The marriage to the principal spouse was terminated within the 2 years prior to filing for the INA section 106 employment authorization, and there is a connection between the termination of the marriage and the battery or extreme cruelty.

If the applicant remarries prior to adjudication of the application, he or she will be ineligible for initial issuance or renewal of employment authorization under INA section 106.

Applicants will use Form I-765V, which is not yet available.