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Asylum Applicants Work Authorization Application Filing Dates

Posted on August 25, 2020

Asylum applicants who have pending cases are required by law to apply for Employment Authorization Document (Form I-766/EAD) with immigration services to be eligible to work in the US. USCIS may deny asylum application if asylee has been working without authorization in the US.

Many states extend driver’s license or state ID based on the dates on the EAD card. Employers are obligated to check if its employees are allowed to work in the United States.  

Effective on August 21, 2020 asylum applicants can file their renewal work authorization applications up to 180 days before the expiration date. The rule removes the requirement that asylum applicants submit their work authorization renewal requests to USCIS 90 days before the expiration of their current employment authorization. This new USCIS rule will minimize potential gaps in employment authorization.

Please note that if your asylum application has been approved you do not need to apply for EAD. Once the asylum application is approved, the applicant is eligible to live and work in the US.