Permission to Work in the US based on an Asylum

To apply for employment authorization, you must file a Form I-765, Application for Employment Authorization:

1. Based on a Pending Asylum Application. To apply for an Employment Authorization Document (EAD) based on your pending asylum application, you may file a Form I-765 150 days after you file your asylum application. You are eligible to receive an EAD once your asylum application has been pending for at least another 30 days, for a total of 180 days, commonly referred to as the 180-Day Asylum EAD Clock.If USCIS approves your application for employment authorization based on your pending asylum application, your EAD will be valid for up to 2 years.

2. After the Asylum Application is Adjudicated:

3. If you are granted asylum, you are immediately authorized to work. Some asylees choose to obtain EADs for convenience or identification purposes. Still, an EAD is not necessary to work if you are an asylee.

4. If you are denied asylum, your employment authorization will terminate when your EAD expires or 60 days after your asylum application was denied, whichever is later. Suppose you are not in lawful immigration status (or do not have parole), and an asylum officer “refers” your asylum application to an immigration judge for further consideration. In that case, your EAD remains valid through the expiration date unless you renew it.

For questions and consultations, please contact I.S. Law Firm via phone +1 (703) 527-1779 or email: law@islawfirm.com