Can I Work While Waiting for My Asylum Application to Be Approved?

If you’ve recently applied for asylum in the United States, you may be wondering if you’re allowed to work while your application is pending. The asylum process can be long and complicated, leaving many asylum seekers unsure about their eligibility for employment authorization.

In this article, we’ll discuss the rules surrounding work permits for asylum applicants and guide you through the process of obtaining one.

Eligibility to Apply for a Work Permit as an Asylum Seeker

Before you can apply for a work permit, also known as an Employment Authorization Document (EAD), you must first wait 150 days after filing your Form I-589 (Application for Asylum). This waiting period is meant to give U.S. Citizenship and Immigration Services (USCIS) time to process your asylum application.

However, even after the 150-day waiting period, you’ll need to wait an additional 30 days before you’re eligible to receive your EAD. This means that the total waiting period is 180 days, often referred to as the “180-Day Asylum EAD Clock.”

It’s important to note that certain actions can cause delays in your 180-Day Asylum EAD Clock, such as:

• Requesting to transfer your case to a new asylum office or interview location
• Rescheduling your interview for a later date
• Failing to appear at an interview or biometrics appointment
• Not providing a competent interpreter at your interview (if required)

Once your EAD is approved, you can apply for a Social Security Number, which is necessary for employment in the United States.

The Process of Applying for an Employment Authorization Document

To apply for an EAD, you’ll need to file Form I-765 (Application for Employment Authorization) with USCIS. When filling out the form, be sure to select eligibility category (c)(8), which indicates that you have a pending asylum application.

You’ll also need to submit supporting documentation, such as a copy of your asylum receipt notice (Form I-797C) and proof of your identity. After submitting your application, you’ll be scheduled for a biometrics appointment, where USCIS will take your fingerprints and photograph for background checks.

Current USCIS Processing Times and Online Filing

Currently, USCIS processing times for initial (c)(8) EADs can vary, so it’s essential to check the most recent estimates on their website. To streamline the process, USCIS now offers an online filing option for Form I-765 through their online account system.

Validity Period and Renewal of Asylum-Based EADs

Once approved, your initial (c)(8) EAD will be valid for five years. If your asylum case is still pending after that time, you can renew your EAD by filing another Form I-765. It’s crucial to start the renewal process early to avoid gaps in your work authorization.

Employment Authorization After Asylum Approval or Denial

If your asylum application is approved, you’ll have unrestricted employment authorization as an asylee. Some asylees choose to obtain an EAD for convenience or identification purposes, but it’s not necessary for work.

If your asylum application is referred to the Immigration Court, your EAD will remain valid until its expiration date. However, if your asylum application is denied by USCIS or an Immigration Judge, your EAD will terminate either on the expiration date or 60 days after the denial, whichever is later.

Need Help with Your Asylum Case? We’ve Got You Covered.

Applying for asylum can be a confusing and stressful process, but you don’t have to go through it alone. Our asylum lawyers at the Law Office of Lina Baroudi is here to provide the guidance and support you need every step of the way – from filing your application to securing work authorization and beyond.

We know how important it is to have an experienced legal advocate on your side during this critical time. That’s why we’re committed to fighting for your rights and helping you navigate immigration law with confidence. Ready to get started? Contact us today to learn more about how we can help.