Understanding of EAD filing as a Pending Asylum Applicant
Understanding of EAD filing as a Pending Asylum Applicant
When an individual has a pending asylum case, either affirmative or defensive application, they can apply a work permit or employment authorization document (EAD) through USCIS. However, they are subject to a 150-day waiting period after the filing of their asylum application, before they can apply for an EAD, and an additional 30-day period before USCIS can issue the applicant an EAD, for a total of 180 days. This process is known as the “180-day asylum EAD clock.”
Please be aware that USCIS may reject the EAD application if the application was filed it before the 150-day waiting period has elapsed. According to title 8 CFR § 208.7, the number of days for a completed asylum application (is considered pending) does not include any delays requested or caused by the applicant while their application is pending with the USCIS asylum office or with an EOIR IJ. The important thing is: the case pending time period must be at least “180-day asylum EAD clock” before USCIS grant the applicant an EAD based on pending asylum case.
Specifically, when counting the total of 180 days, it does not include any delays requested or caused by the applicant while their application is pending as stated above. Some examples of delays that may be caused by the applicant while their application is pending with the USCIS Asylum Office include, but are not limited to:
Failure to appear at individual’s interview or fingerprint appointment
Failure to receive and acknowledge their asylum decision in person (if required)
A request to reschedule their interview for a later date
A request to transfer their case to a new asylum office or interview location, including when the transfer is based on a new address
A request to provide additional evidence after their interview
If the applicant is required to provide a competent interpreter at their individual interview, failure to provide a competent interpreter
If the applicant fails to appear for their interview with a USCIS asylum office or for a hearing before an EOIR IJ, they may be ineligible for an EAD
Note: this information provided here is for general information and educational purposes only, and it does not constitute legal advice.
