Seeking asylum in the United States is an intense process, and one significant concern for many applicants is how to legally support themselves while waiting for their case to move through the system. The process can take months or even years, so can you get a work permit while seeking asylum?
The answer is yes. However, you must take the appropriate steps, including obtaining an Employment Authorization Document (EAD) for Asylum Applicants. Here’s what you need to know.
What Is an EAD for Asylum Applicants?
An EAD for Asylum Applicants is an official card issued by USCIS that proves you have the right to work in the United States. The point is to give you legal rights to enter the workforce, get a Social Security number, and even apply for a driver’s license.
Unfortunately, merely applying for asylum doesn’t automatically give you a work permit. In most cases, applicants must wait a specific period and file a separate application to get a job as a non-citizen. Curious about where you stand? Contact an immigration lawyer today.
When Can You Apply for a Work Permit When Seeking Asylum?
The basic rules for getting a work permit when seeking asylum are as follows:
- You must file within 150 days after USCIS receives your complete asylum application, which is Form I-589.
- Even after you file for the EAD, USCIS cannot approve it for at least 180 days.
This timeline is known as the “180-Day Asylum EAD Clock,” and it’s critical to understand. Any delays in your case, like missing an interview or rescheduling a hearing, can pause or stop your clock.
How Do You Apply for a Work Permit as an Asylum Applicant?
First, speak to an immigration lawyer about your case. Discuss the details and explore your options before filing any paperwork with USCIS. Then, submit Form I-589 — your asylum application.
Next, track your clock by creating a USCIS online account or checking with your attorney if you have one. They can help you complete Form I-765, which is the application for employment authorization. For asylum seekers, check the eligibility category “(c)(8).”
You’ll have to show proof that your application has been pending for at least 150 days without delay caused by you. Then, wait for processing. USCIS tries to process EAD applications within 30 days, but it can sometimes take longer, depending on workload and other factors.
Mistakes That Delay Work Permits
A lot can go wrong if you’re not careful, so talk to an immigration lawyer about your concerns. They can provide actionable tips to help prevent delays and rejections.
For instance, filing Form I-765 too early can cause your application to be denied. Missing interviews and court hearings or failing to update your address may also mean losing your EAD. An immigration lawyer can ensure that no documents or signatures are missing and that you align your requests with USCIS timelines.
If you’re granted asylum while your EAD is pending, you no longer need an EAD under category (c)(8). Instead, you become immediately eligible to apply for an EAD under asylee status (a)(5). You are also eligible for a green card for one year after your grant of asylum.
Final Thoughts
Applying for a work permit when seeking asylum means reclaiming a sense of normalcy and security while navigating uncertain immigration territory. Lamb & Turner is here to help.
We understand the rules, deadlines, and pitfalls of the EAD for asylum applications. So, while waiting can be stressful, we’re happy to provide the guidance and expertise to prevent delays and get you on your feet.
Contact our team today for a free consultation.
