Asylum applicants do not qualify for a work permit until their case has been completely processed and an approval has been granted or a certain number of days have passed with no decision. Under U.S. immigration law, certain foreign nationals are allowed to work for U.S. employers, usually after they apply for a work permit known as an Employment Authorization Document (EAD). The only sure way to receive a work permit as an asylum seeker is, unfortunately, to get favorable results. After you have been granted asylum, you would not only gain the right to work in the United States, but would not need to apply for a work permit. Talk to an immigration attorney when applying for asylum.
How Long Must I Wait Before I Qualify for an EAD?
To be able to apply for an EAD with a pending application, you will need to have been waiting 150 days or more with no initial decision on your application from the local asylum office or from immigration court and it will not be approved until approximately 180 days have passed with no decision.
In the past, you could expect to wait months or even years before speaking to an asylum officer or immigration judge about your asylum application. But the United States Citizenship and Immigration Services (USCIS) has taken steps to combat the problem of people applying for asylum mainly to get a work permit. USCIS began scheduling recent asylum applicants before people who had applied earlier, to make sure they had less of a chance of receiving a work permit.
When Your Affirmative Asylum Application is Considered “Filed” If You are in Immigration Court Proceedings
If you are applying for asylum after being placed in removal proceedings, it was formerly possible to present (give to the court) a not-entirely-complete asylum application in order to start the clock. In 2020, however, the courts stopped allowing the practice of lodging.
Another alternative if you are in removal proceedings is to submit your complete asylum application with the immigration court as part of the proceedings. That application will be the one the immigration judge considers in hearing your case for asylum. The court will stamp your copy with the date, so that when you apply for your EAD you can prove to USCIS that the 150 days started that day.
Waiting to apply for your EAD could be even longer. If your asylum application has been delayed by something you did and the delay is still ongoing when you apply, your EAD application will be denied under the new rules. Chances are that you might end up delaying your asylum application for any reason. For instance, you might request more time or fail to appear for a fingerprinting (biometrics) appointment, or even petition to file additional evidence less than 14 days before your hearing.
Hire an Immigration Attorney
An experienced immigration lawyer will not only be able to help you with questions and procedures about the work permit application, but can better your chances of acquiring asylum. Talk to your local attorney today. Call Gambacorta Law Office at 847 443 9303 for an appointment.
