can i work while my asylum application is pending?

Applying for asylum in the United States can be a lengthy process, and many applicants wonder if they can work while their application is pending. The answer is yes, but there are specific requirements and procedures to follow. 

Work Authorization for Asylum Applicants

1. Eligibility for Employment Authorization Document (EAD)

• 150-Day Waiting Period: Asylum applicants can apply for an Employment Authorization Document (EAD) 150 days after their asylum application (Form I-589) is received by U.S. Citizenship and Immigration Services (USCIS).

• No Decision: An EAD can only be granted if no decision has been made on the asylum application within this 150-day period.

• Asylum Clock: The "asylum clock" keeps track of the number of days since the asylum application was filed. This clock can be stopped if the applicant causes delays, such as missing an interview or failing to provide required documents.

2. Filing for an EAD

• Form I-765: Submit Form I-765, Application for Employment Authorization, to USCIS.

• Category: Indicate category (c)(8) on the form, which applies to asylum applicants.

• Supporting Documents: Include a copy of the asylum application receipt notice (Form I-797C), proof of identity (such as a passport), and two passport-sized photographs.

3. Processing Time

• 90-Day Processing: USCIS aims to process EAD applications within 90 days, but this timeline can vary based on workload and other factors.

• Approval: If approved, you will receive an EAD card, which allows you to work legally in the United States while your asylum application is pending.

Important Considerations

• Renewal: EADs are typically valid for one year and can be renewed annually while your asylum case is pending. File for renewal at least 90 days before your current EAD expires.

• Changes in Policy: Stay informed about any changes in immigration policies that might affect your eligibility for work authorization.

• Legal Assistance: Consider consulting an immigration attorney to help navigate the application process and address any potential issues.

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Conclusion

Asylum applicants can work while their application is pending by obtaining an Employment Authorization Document. Understanding the eligibility requirements and application process is crucial to ensure that you can legally work in the United States during this period.

If you have any questions or need legal assistance with your asylum application or EAD, please contact Liang Law at (408) 780-8862. We are here to help you through every step of the process.