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How to Get a Work Permit While Asylum Application Pending
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If your asylum application is pending in the United States, you may be able to apply for a work permit while you wait for a decision. Asylum applicants generally must wait a certain amount of time before they can request an Employment Authorization Document (EAD), and delays in the asylum case can affect when they become eligible. This guide explains the waiting period, eligibility rules, and process for applying for work authorization while an asylum case is pending.
If your asylum application is pending, you may be able to apply for a work permit, also called an Employment Authorization Document (EAD). Asylum applicants generally may file Form I-765 after their asylum application has been pending for at least 150 days. However, employment authorization generally cannot be granted until at least 180 days have passed.
This waiting period is tracked through the asylum EAD clock. Certain delays requested or caused by the applicant may stop the clock, which can affect when employment authorization becomes available.
To apply, you generally must submit Form I-765 to USCIS with the required supporting documents. Key factors that may affect your eligibility include:
The length of time your asylum case has been pending: You must generally complete the required waiting period before becoming eligible.
Delays in your asylum proceedings: Certain applicant-caused delays may extend the time you must wait.
The status of your case: Your asylum application must remain pending for you to qualify under the asylum-pending EAD category.
Your EAD application: Form I-765 must be properly filed with the supporting documents required by USCIS.
These federal rules apply whether your case is in Texas or elsewhere in the United States. If your asylum case remains pending, tracking your EAD clock can help you understand when you may become eligible to work.
Several circumstances can affect when you become eligible for a work permit and whether you can continue working while your asylum application is pending.
Certain delays that you request or cause may stop the asylum EAD clock. For example, asking to postpone an asylum interview or immigration court hearing may affect how the waiting period is calculated.
When the clock stops, those days may not count toward the waiting period for employment authorization. Because not every delay affects the clock in the same way, changes to your asylum proceedings may affect when you become eligible for an EAD.
An asylum-based EAD has an expiration date. If your asylum application is still pending, you may need to renew your work permit to continue working legally.
Some applicants who file a timely renewal may qualify for an automatic extension of their employment authorization while USCIS processes the application. Whether an extension applies depends on the eligibility requirements and USCIS rules in effect at the time.
The status of your asylum case can affect your employment authorization.
Asylum is granted: Asylees are authorized to work based on their immigration status and may obtain an EAD as evidence of that authorization.
Your case continues in immigration court: If an affirmative asylum application is referred to immigration court, your claim remains pending while the immigration judge considers it, which may allow your asylum-based employment authorization to continue.
Asylum is denied: The effect on your work permit depends on how the case was processed and whether further review or an appeal remains available.
Because the effect of a denial varies depending on the stage and type of proceeding, an asylum denial does not necessarily mean that employment authorization ends immediately.
Applying for a work permit while your asylum application is pending involves several steps. Your eligibility depends in part on how long your asylum case has been pending and whether any applicant-caused delays have affected your EAD clock.
If USCIS sends a Request for Evidence (RFE) or another notice, follow the instructions carefully and respond by the stated deadline. Failure to respond may affect the outcome of your application.
Questions about employment authorization can arise when your EAD clock has stopped, your asylum case changes, your renewal is approaching, or you are unsure when you can file Form I-765. An immigration attorney can help you understand how the rules apply to your asylum case and what steps may be available.
Andrew T. Thomas, Attorneys at Law assists asylum applicants throughout Texas with employment authorization and related immigration matters. Contact us to discuss your circumstances and next steps.
Generally, a pending asylum application alone does not authorize you to work. You must wait until you are eligible for employment authorization and USCIS has approved your Form I-765 before beginning employment, unless you have another basis for work authorization.
How you check the EAD clock may depend on whether your asylum case is with USCIS or in immigration court. If your case is in immigration court, information about the clock may be available through the immigration court system. If you believe the clock has stopped incorrectly, you may need to determine what event caused it to stop.
No. You generally do not need an employer or job offer to apply for an EAD based on a pending asylum application. If approved, the EAD allows you to seek employment while it remains valid.
Yes, potentially. An asylum application pending before an immigration judge can provide a basis for employment authorization if you meet the applicable waiting-period and other eligibility requirements.
Review the USCIS decision carefully to determine why Form I-765 was denied. Depending on the reason, you may be able to correct the problem and file a new application or take another appropriate step. A denial of your EAD application does not necessarily mean that your underlying asylum application has been denied.
