September 14, 2020

Work Permits Based On Filing Asylum Just Got Tougher

On August 25, 2020, new regulations went into effect that make obtaining a work permit based on filing an asylum application much tougher.  This aligns with the Trump Administration policy to make it tougher on those in the USA seeking asylum.

1.  The period for filing for an asylum application work permit has gone from 180 days to 365 days.  This those who have filed for asylum on August 25, 2020 or later must now wait an additional 185 before filing for a work permit (EAD:  Form i765)
2. USCIS no longer has to make a decision within 30 days on the work permit applications which will allow for much longer delays after filing for a work permit.
3. To be eligible for a work permit, the asylum seeker must have filed their asylum application within the one year filing deadline unless a judge or officer determines there was an exception to filing after the one year deadline.  This applies to those who filed their asylum application on August 25, 2020 or later.  This does not apply to Unaccompanied Minors (UAC) as long as the minor was still a UAC at the time of filing asylum.
4. Asylum seekers who entered the USA illegally on August 25, 2020, without ‘good cause’, are not eligible for a work permit.
5. Asylum seekers convicted of an aggravated felony at any time are not eligible for a work permit.
6. Asylum seekers who have been convicted of a ‘particularly serious crime’ or committed a serious non-political crime outside the USA on August 25, 2020 or later are ineligible for a work permit.
7. Denial of asylum by the asylum office will automatically terminate a work permit effective on the date asylum was denied.
8. If an immigration judge denies asylum, the work permit will terminate 30 days after the denial, unless an appeal is timely filed with the Board Of Immigration Appeals.   A work permit will no longer be available if there is a Federal Court Case pending (i.e. 9th Circuit) unless the case has been remanded to the Board of Immigration Appeals.
9. There will no longer be an ‘asylum clock’.  Any delay caused by the applicant that has not been remedied by the work permit applicant, will result in denial of a work permit.  

When applying for asylum and a work permit, please contact an experienced attorney to make sure your application is timely filed and to help determine if you are eligible for a work permit (to see if any exception or bars apply).  Please call us for a consultation at (866) 521-6422.