U.S. Citizenship and Immigration Services (USCIS) issued guidance on December 28, 2021, effective immediately, for healthcare workers with a pending Employment Authorization Document (EAD) application to request expedited processing if their EAD will expire within thirty days or has already expired. For more information on who is counted as a qualifying healthcare worker, see pages 7-9 of the August 10, 2021 Advisory Memorandum on Essential Critical Infrastructure. Applicants should be prepared to provide evidence of their profession or current employment as a healthcare worker.

Notably, the August 2021 Advisory Memo identified essential critical infrastructure workers as those working in the following industries: 

• Healthcare/public health
• Law enforcement, public safety, and other 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
• Public Works and Infrastructure Support Services
• Communications and Information Technology
• Other Community or Government-Based Operations and Essential Functions
• Critical Manufacturing
• Hazardous Materials
• Financial Services
• Chemical
• Defense Industrial Base
• Commercial Facilities
• Residential/Shelter Facilities, Housing and Real Estate, and Related Services
• Hygiene Products and Services

If an individual with a pending EAD application is an essential critical infrastructure worker, the worker may also be able to request an expedited EAD on that basis. To request expedited processing, call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833). You may also contact your Foster attorney for more guidance.

Foster will continue to monitor developments and policies, and will make future updates available on our firm’s website at www.fosterglobal.com.