If you look at the processing times on the USCIS Texas Service Center website, you will see something interesting. The website indicates that USCIS will complete an asylum seeker’s I-765 form–the application for an Employment Authorization Document or “EAD”–in three weeks. Perhaps USCIS views this time frame as aspirational. I view it as metaphorical. Or maybe delusional.
The reality is that EADs are not processed in three weeks. If you’re lucky, it will take three months. If you’re not lucky, it may be a lot longer than that. Indeed, it seems of late that processing times for EADs have become much slower. As a result, some of our clients have lost their driver’s licenses (which are tied to the EADs) or their jobs. The problem has caught the attention of the American Immigration Lawyers Association, which is investigating (and if you are an attorney whose client’s EAD is delayed for more than 90 days, you can report it here).
So why is this happening? As usual, I have no idea. USCIS doesn’t explain such things. What can be done about it? A few things:
– If you are filing to renew your EAD, you should file as early as possible. The instructions indicate that you can file the application 120 days before your old card expires. That would probably be a good idea. However, you should be careful not to file any earlier than 120 days ahead of time. EADs filed too early might be rejected, which will result in further delay (because you have to wait for the rejection notice and then re-file).
– If you already filed for your EAD and the application has been pending more than 75 days, you can contact USCIS customer service and ask that an “Approaching Regulatory Timeframe ‘service request’ be created.” Supposedly USCIS will route the service request to the appropriate office for review. You should note that if you receive a request for evidence and then respond, the “clock” starts over for purpose of calculating the 75-day period. You can see more about the obscure and exciting calculation of the 75-day period here.
– If you are applying for your first EAD based on a pending asylum case, you can file 150 days after your asylum application was initially filed (the date of filing is on your receipt). However, if you have caused a delay in your case (by rescheduling an interview, for example), the delay will affect when you can file. The I-765 instructions explain how applicant-caused delay affects eligibility for an EAD. Please note that the 150-day waiting period is written into the law and cannot be expedited.
– If your case is in Immigration Court, and you cause a delay (by, for example, not accepting the first hearing date offered to you), the Asylum Clock might stop, and this could prevent you from receiving an EAD. I have written about the dreaded asylum clock before, but if you are in court, you’d do well to consult an attorney about your case and about your EAD.
– If you entered the country at the border and were detained and then “paroled” in, you might be eligible for an EAD as a “public interest parolee”: see page 4 of theI-765 instructions. This one can be tricky, so you might want to consult with a lawyer before you file under this category.
– If you already have asylum, but your EAD expires, fear not: You are still eligible to work. You would present your employer with your I-94 (which you received when you were granted asylum) and a state-issued photo ID (like a driver’s license). For more information, see the Employer Handbook, pages 13 and 50.
– If you are a refugee (in other words, you received refugee status and then came to the United States), you can work for 90 days with your I-94 form. After that, you must present an EAD or a state-issued ID. For more information, see the Employer Handbook, pages 13 and 50.
– If all else fails, you can try contacting the USCIS Ombudsman about the delayed EAD. The Ombudsman’s office assist USCIS customers and tries to resolve problems. Normally, they want to see that you have made some effort to resolve the issue through regular channels before they intervene, but if nothing else is working, they may be able to help out.
The last thing I will say about asylum seekers and EADs is this: If you do not have an EAD, you are not eligible to work lawfully. However, if you are able to find a job without the EAD, it should not affect your asylum case. In other words, working without permission does not block a person from obtaining asylum. It may affect your ability to obtain other types of immigration benefits, and if you have questions, you should consult a lawyer.
It is unclear to me how an asylum seeker is expected to survive without a job or a driver’s license. With all the problems in the asylum system, you’d think USCIS could do something to make life easier for people waiting for their cases to resolve. One thing to be done is to process the EADs in a timely fashion. Another would be to make the EADs valid for the length of the case, so there is no need to re-apply (or at least make them valid for two years instead of one). For now, however, it is up to asylum seekers to fend for themselves: Apply as early as you are allowed for the EAD and hope that it is granted quickly.
I have an Asylum case pending and applied for the EAD after 150 days. 45 Days over, I applied for the EAD. What could be the time by when I might get the EAD? With this type of EAD am I eligible to have any types of works (if I am qualified, of course) in any organization? or I do have any limitation to work?
It normally takes between 2 and 4 months to get the EAD. You can work anywhere that will have you. Take care, Jason
Just wanna give a quick update as this article says , I live in Texas and I have applied for EAD on 21 September and I received the approval on 16 November , about 3 weeks , after couple days I have received the EAD card by the mail , I know normally it takes much longer , And also my lawyer suggested me to do not apply after 150 days and wait for 180 days to be complete.
hi Jason Dzubow
i have few quotation about EAD.i am apply for EAD on 16 Sep 2015 and they send me recipet my wife and 2 children apply same day they don’t send me any permit right now. i have asylum case hear.i am first time apply EAD .how many day for get permit and one more thing sir i am a handicapped person i am on wheelchair can this country have any work for handicapped person and i need any special work-permit. i am verry worry how long get this process .thank u very much
EADs were taking 1 to 3 months, but they seem a bit slower now – maybe 4 months, so hopefully you will get it soon. Once you have the receipt for the EAD, you could try contacting USCIS (maybe by going in person with an InfoPass appointment – http://www.uscis.gov) to ask whether they can expedite. I am doubtful that this will work, but you can try. Also, if you inform the Asylum Office about your handicap, and provide them evidence (like a doctor’s note), maybe they will expedite the interview. Good luck, Jason
hi Jason Dzubow thanks for ur information can we go to asylum office to get work permit is that possible or can we wait for 3 month after 90 days i can we go to asylum office and ask them why delay work permit what benefit for a handicapped person in asylum case
The Asylum Office has nothing to do with the work permit. USCIS does the work permits. There are delays now for everyone. I suppose you can contact USCIS (through the website http://www.uscis.gov), but I do not think that will help. Most people get the work permit in 4 months or less, so hopefully, you will receive it soon. Good luck, Jason
hi
I’m having a same issue like other people here . i applied my ead renewal on july 10th . on the status it was saying case was received. its still same . i made service request twice . i was told by someone after 90 days you can talk to L2 officer and have them make an Expedite request . which i did . first day when i called for expedite request i was told by lady officer to have sporting document ready. she said i was gonna get an email . i did get an email saying something like that
The expediting of a case allows it to be sent quickly to an officer for adjudication. However, your case is currently under review by an officer. Please contact us again if you do not receive the document or other correspondence within the 30 day time frame.
after i receive this mail i send them a supporting document too and i called the L2 officer again and he gave me one diff email address to send them all documents ..
i still didn’t get that 30 days frame thing what can happen next on it anyone can help me here ????
7/17/2015 case was received
10/22/2015 case was received
help me if anyone can
coz I’m not working right now . situation is kinda tight money wise and some other stuff
and my case is pending asylum
You may want to make an InfoPass appointment and visit USCIS in person (make the appointment at http://www.uscis.gov). Sometimes, it helps to go there and talk to a supervisor. There have been a lot of delays with EAD renewals, so I do not know if they will help you. But maybe if there is some problem with your application, they will tell you. Good luck, Jason
hey thank you.
i just got my status updated yesterday from case was received to card was ordered to produced . so I’m hoping i will get that in a mail soon . yeah its been a problem this year only because i never had a same problem before that . but yeah i heard from people it should be in a mail any time in 7 to 10 business days !!
thank you Mr. Jason
I hope you get it soon. Next time, you can apply 120 days before the EAD expires – that is the soonest you can file.
got my card man !!! finally going back to work
thanks Mr Jason !!
That’s great – how long did it take from the time of mailing the I-765 until you got the card?
Dear Jason!
I have question. Me and my husband applied for Work Authorization for the first time in August. He already got his work permit. And I still wait when uscis will make decision about my case. Is it normal? Because we thought they will send work permit for both of us in the same time. I’m worry that they can deny my case
Thank you very much
It normally takes 1 to 3 months to get the work permit, so I think it is too soon to worry. If you got your receipt and fingerprints, you should be fine. If there is a problem with your application, USCIS should notify you and ask you to correct it. Take care, Jason
Thank you very much Jason for answering! I wish you the best, you are very nice person.
Hi. Jason I did my biometric since Sept. 11 and up to know i have not gotten any result and my visa will soon expired please help me when will I get result and what will happen if my visa expired what wating?
I Apply for TPs and not aslym
Ah – TPS – anyway, if you are eligible for TPS, it does not matter if your visa expires. It may take a few months to get a decision, so you need to be patient.
If you have filed for asylum, you are allowed to stay until your case is finished. These cases take a year or more, so your visa will end while you are waiting, but that is not really a problem since you are permitted to stay here as long as your asylum case is pending. Take care, Jason
My husband is waiting on his renewal of his work permit how long will it take and how will it affect if we do a change of address will it take longer or wait til it arrives and then change the address.
There have been delays with renewals – I do not know how long it could take, but we have had client wait 4 months, and maybe more (I do not remember at the moment). If you move, you will need to inform USCIS with a form AR-11. My fear would be that USCIS would not update its system and the work permit would be mailed to the old address. I think it is safer if you can wait to get the new card before you move. If you have to move, it should be alright too, but it is probably better if you can wait until after the card arrives. Good luck, Jason
hi jason
can u tell me one thing what is EAD . i am apply for faimly asylum case in april .my case is pending and i aply for work permit 25 days ago they sent me a recipt how long dose take to send me parmit.
EAD = Employment Authorization Document = Work Permit. It is all the same. For our clients, a first-time EAD normally takes 1 to 3 months, so hopefully, you will have it soon. Good luck, Jason
Hello, I have a question. I already applied for WP (first time) more than 2 month ago. I did it by E-Filing. So, should I send a photo or they will use my photo which they took on biometric interview after I applied for asylum?
I didn’t get a letter from USCIS that I have to send a photo.
Thank you.
Normally, first time EADs take between 1 and 3 months. I never file them electronically, so I can’t advise you about that, but it seems that you are still within the expected processing time, so hopefully you will get it soon. If something is missing, USCIS should notify you and then you can respond. Good luck, Jason
Hi Jason,
I would like to thank you for all your kind online assistance. My friend has applied for asylum to Nebraska in April. However, after a couple of weeks they returned her application telling her to send it to Texas, although Nebraska was the right address according to the USCIS website. Following their instruction, she sent it to Texas. After about three and half weeks (somewhere around mid May) the Texas office returned her application telling her to send it to Nebraska. She sent it to Nebraska and received a letter stating that her case will be pending since June 3. Until now she is not working. Back her country she used to be a great academician. Now she has ran out of money and she is about to get kicked out of her friends’ house where she has been staying until now. October 31 will be the 150th day to file her working permit. But, since she has no money she is desperate to look for a job, that can at least enable her to feed herself. But, some people told her that if she get caught she will be deported to her country where she fled because of her political opinion. If that happens, God only knows the amount of ordeal and torture she will be going through. She can’t talk to any lawyer because she doesn’t have any money left. She is held in a tortuous state of limbo. What do you suggest? Thank you so much,
It is false that she will be deported for working – to deport her requires that she goes to court and it is a long process. She does not have permission to work, but if she works illegally, there is no effect on her asylum case. Also, there are many non-profit organizations that might be able to help for free, or at least provide some advice. Catholic Charities is the largest and they usually have offices in all major cities (and they serve everyone – it does not matter what her religion is). Good luck, Jason
God bless you, Jason. Thank you very much!
Hi Mr. Dzubow, My husband and I applied to renew our EAD on 2/13/15 and all we have is a notice of receipt. Our previous EAD was based on a pending TPS application (that has been pending for two years now!). The EAD expired on 3/31 and was automatically renewed till 9/30. So in a week we will lost our jobs because it is taking USCIS more than 7 month to process EADs (that will eventually have to be renewed again a year from now). We also have asylum application pending for 2.5 years. We sought Congressional help but did not get an answer from Vermont office. Any ideas what could we do for our EAD (and TPS application) or what could have gone wrong?!
Thank you so so much for offering your help and writing about this.
I listed my ideas in the post above. It sounds like the renewal is way beyond the normal time. You should call USCIS to ask them. Also, contact the Ombudsman to see whether they can help. Both these approaches are more effective than asking help from Congress. Good luck, Jason
Thanks, Mr. Dzubow. I have already called USCIS and met with a local USCIS officer. All in vain. Now I filed an Ombudsman. It will not help soon as I am losing my job this week (EAD expires 9/30). I work in a university, have many students that I will leave behind, have a PhD, yet unable to work because of inexplicable delay from USCIS. So frustrating!!
Thank you so much for your help and offering this space to people in need!
It is really awful – there is no good reason to treat people like this. USCIS could easily make the green card valid for 2 years, or for the duration of the case, and that would avoid the whole problem. I hope you have some good luck soon. Take care, Jason
Hi Jason,
I applied for EAD on August 17th on 151st day of waiting. On 180th day , I contacted USCIS and they put a service request for me. They replied with email saying that my case is in line to be reviewed by an officer and to wait for more 30 days. Does this mean I will get EAD after those 30 days? When should I expect the EAD to arrive?
Thanks in advance
Typically, the first EAD takes 1 to 3 months, so hopefully you will receive it soon.
My attny filed for asylum last Aug. Filed for work permit in Feb. In march it was DENIED BC my asylum didn’t show electronically (court didn’t lodge my asylum app as I requested in my court). We filed another work permit in Jun. STILL PENDING. I call uscis customer service often, all they say is wait, its pending, blah blah. I filed an affidavit requesting expidited service, no response. I filed e-request. No response. I have a baby. I’m having all kinds of hardships (having no car, financial, my ex calling me illegal immigrant, Dcf imputing min wage income – income I don’t make). *sigh* I’m exhausted.
If your case is in court, you can call the number 1-800-898-7180 and type in your Alien number. Then press 2. If more than 180 days have passed, you are eligible for the work permit. You can also try contacting the USCIS Ombudsman about this. Good luck, Jason
It says “there is no clock” what does that mean?
There are different reasons for that, but if you have a case in court and there is no clock, it means that you cannot get a work permit based on pending asylum. When you go to court, you can ask the Judge to start the clock so you can get a work permit. You can also contact the court clerk if you think there is an error. These things are generally done by a lawyer, and so I suggest that if you can afford it, you hire a lawyer to help you with this and your court case. Good luck, Jason
Hello everyone. I have applied for WA on August 1st. I received a notice of receipt on August 3rd, but I’m still not “invited” for Biometric. Location NYC, application was sent via On-Line filling to Vermont office.
So, are there many people who like I am?
If you have the receipt, you should be fine. Sometimes, it takes a couple months for the biometrics appointment.
Hello,
I renewed my work permit (which expired in 2013) last month, and received a notice of receipt on the 13th of August. The reason I did not renew it after 2013 is because I did not need to work until recently. As an asylum applicant does my permit need to be renewed every year or only if I need it for work? Should I have applied for a new EAD or was my request to renew my EAD correct? Do they really take approximately 3 weeks to process an EAD if all my documents are in order?
Thank you,
Rochelle
I do not think you should have a problem – you are not required to have an EAD. I do not think it will take three week, however. Most renewals take 3 or 4 months or more – it has been slow lately, but maybe now that summer is over, it will start going faster.
Hi Again,
I wanted to let everyone know there is actually hope of getting your permits before 90 days. I applied for a renewal of my expired work permit on august 11, they received it on August 13th. They sent me a Notice of Action which stated my application was approved on September 10th and I received it in the mail September 14th. I can now breathe a sigh of relief!
Hi,
I have applied for an asylum on 10th Feb, after 150days applied for EAD, got the receipt on 15thJuly, still haven’t been asked for biometrics,how long will it take to get an EAD? Plus my daughter will be applying for colleges this year as she is in senior year High School..on which status will she apply for the admission to a college before our EAD arrives?
The EAD fingerprints seem a bit slow to me. Maybe check your receipt number on-line or call USCIS (the number is on the uscis.gov website). Your daughter will have to talk to the school and explain her situation. She has a receipt, and hopefully that will be sufficient to enroll. Good luck, Jason
I’m a asylum applicant next IJ hearing is in 2018,
Ive been renewing my EAD since few years online,
my last renewal my application (2014) was denied reason given (no File Found)
I didnt sent any supporting documents which was not required doing online renewal nor did I get any letter requesting documents.
MY question is;
If I apply for EAD again now after a year will that be renewal or new EAD application?
and I plan to do paper application this time so I can mail all supporting documents..
Thanks you.
I don’t know – but I think you just need to list on the form that you had a previous EAD. You also need to list that you had a prior EAD denied. Probably you should include a cover letter explaining what happened, and it might be worthwhile to consult a lawyer to help you.
Hi ,
I have applied for my work permit in 26may2015
In 8august i received a letter from uscis asking for evidence that turned out to be a photo so i sent them and the received them on the 20th of august .
Now my 90 days already over and each time i all them they tell me it will take up to 60 days to get my work permit
Is this correct
The estimated wait times only apply if the application was complete. Because USCIS needed more evidence in the case, it will take longer for a decision.
Hi Jason!
I totally forget about my EAD till I looked on card this week… Is expiring in couple days… I have I-485 and I-130 pending… Is it will be a problem that I’m so late with renewal of work permit? I’m going to USCIS for appt today to find out what to do with that… Ughhh
You should apply for a new EAD, but it looks like you will have a gap after the old card expires and before you get the new one. Good luck, Jason
Hi! My name Roman. i have problem: in June i sent an application for obtaining a work permit. I have the status of a pending asylum. Today i received a letter in which he informed that my petition for a work permit was rejected, because i applied for three days before lay 150 days… Can i still submit a petition and do i need to pay a fee for it?
You can just file again – you should not have to pay the fee, but I believe the form asks whether you ever applied before for a work permit, so you will have to say that you did, and explain what happened. It should not be a problem. Take care, Jason
Hi Jason,
it’s been 90 days since my fiancee applied for EAD. He put in a service request and received an email today saying that an adjuticating officer will make a decision within 60 days. Do you know why this is and have you known of anyone experiencing this before?
Also, I applied for asylum and I emailed the Arlington office requesting that they put me in the diet list and was told that the short list is temporary unavailable. Do you know why they ceased the short list?
Thanks for your help.
I do not know what the problem is with his EAD, but there generally have been delays – especially with EAD renewals (assuming this is an EAD based on asylum pending). I did hear that they closed the short list, but we have put people onto it recently, so I am not sure what the story is. Maybe you should try again.
Thank you Jason!
Apologies for the misspellings. I have sent them another email, I’m praying to God they do add me. My fiancee received email that his card is in production 🙂
When I call the Arlington asylum office I’m always told to enter extension of the person I’m trying to reach, but I have no extension. Do you know why this is?
Thanks,
They seem to not answer their phone. You can send them an email, and they respond about 60% of the time. You can also go there in person any Wednesday morning.
Hi and thnx for the info but my question is i filed for my EAD renewal about 2month ago and just received a notice on my email saying they needed some more information before they can process but am still waiting for the letter so can you please tell me what information they may need from me since am jus renewing it , never had that problem when i was applying for the 1st time..Thank you in advance
I have no idea – you would need to wait for the letter, or you could try calling them – the number is on the USCIS.gov website – but they probably won’t be able to help you. In any case, you will need the letter, as you must include it with your response to USCIS when you send the additional evidence.
hi, i have a quick question. my lawyer just sent my papers to the immigration office for the asylum, about 1 week a go, and they still do not send me a notification or anything about they have already my papers . do you know how long takes for them let me know about that?
thank you.
It usually takes a few weeks to get a receipt. I tell my clients not to worry about it unless it has been more than 4 weeks.
Hi . I applied for asylum on January 2015. After 5 mouths passed i sent my EAD request to immigration . I recived the recipet number . But nothing else . It’s about 2 months. Do you know how much should i wait to get my EAD? Thanks
Normally, it is between 1 and 3 months, so hopefully you will receive the EAD soon. Take care, Jason
Hi Jason. Is there any additional paperwork that you need to fill out in order to be included in the shortlist? Does it need any justification as well? I do not think I will wait for two years for the interview to happen. I submitted my case just in March 2015. One more question also. I heard some asylumists have gotten approval through court without going through USCIS within three months period. Is that true?
You have to ask the local asylum office about how to get your name on the short list, or even if they have a short list (most office do). Court cases usually go slowly, but sometimes, they go quickly. So it is possible to get a decision in three months, but you do not have much choice about where your case will be – you cannot simply choose to have a judge review your case. If you are at the asylum office now, they will review your case. Take care, Jason
Hi Jason. Thank you very much for the information that is provided to us (asylumists). It is so informative. I came last year from Yemen asked for an asylum. I was hoping to get interviewed in a short period of time but unfortunately it is unlikely to happen due to the backlog. I heard there were asylumists that submitted their cases through courts without going through USCIS and have succeeded within three months period they got their approval. I don’t know how far the truth is. Is there something like that? Secondly, when can I apply for my EAD? Is it when I complete 150 days or can I do it before the 150 like 140 days etc?
For the EAD, you should not mail it until 150 days have passed. If you send it early, it could be rejected. Court is usually also very slow, but some judges are fast. It really is too random to predict, and anyway, you do not have a choice about it – if you have filed for asylum, your case will be with the asylum office (unless you commit a crime and get arrested, then you will go to court, but I really don’t recommend that!).
Hi Jason,
I applied for an asylum 4 months ago and i’m still waiting for a response…i’m currently an international student and i’ve not left the country for 3 years before filing for an asylum.. Hers’s my question; I got proposed to by my boyfriend who is a citizen of the US and I don’t know what paper i would file for when i get married.. should i file for the work authorization EAD or file as a married couple. i would appreciate a respond
I do not know whether you are eligible to get your green card or work permit based on marriage to a US citizen. Most people are, but you should probably talk to a lawyer about the specifics of your case. If you have filed for asylum and not received a receipt, something is probably wrong. You might want to email your local office to inquire. Good luck, Jason
Hi. I applied for asylum 5 monhs ago so I should apply now for an EAD as c8 pending asylum. My wife is the primary party in the case so when we received the acknowledgement of receipt, it was addressed to her. Now i wonder if i should include it with the papers I will send to obtain my EAD. If not, what documents should I include? And also in answer to question 15 about my current immigration status, should I write pending asylum or b2 visitor? Thanks a lot for the prompt reply.
I really cannot give specific advice, but generally, we list our asylum clients as category c-8 and we list whatever status they last had in response to the question about status (so if they entered on a B2, we might say “B2 expired”, for example).
Hi Jason,
Thank you for all your information, i really appreciate it.
I have some questions. I came to US with F-1 visa in Jan 2015 (which valid until 2019). And i enrolled school for 6 months. Someone suggest me to apply asylum because it takes 2 months you will know the result of the asylum less than months (based on his experience last year, he got interviewed and the result out less than 2months). My school will ended in 1 month, and i’m still waiting for the interview. Should i apply for another class to maintain my student status? And if drop my student status and work full time until i got interviewed, will it affect the result of my case?
Thank you, really looking to hear from you soon.
Generally, if a person works without permission, it does not affect his asylum case. However, there could be other immigration consequences. As for changing your status, it may be possible, but depends on many factors. You should talk to a lawyer to review your specific situation. Of course, you could just finish school and remain in the US based on the pending asylum. Five months after you filed for asylum, you can apply for a work permit. Good luck, Jason
Hi Jason,
Thank you for your reply. Do you know which case Anaheim Office are interviewing right now? So i can predict how long i will wait in here. Thank you, looking forward for your reply.
There is no way to predict when a case will be interviewed, but the LA office is currently interviewing cases filed in 2012. Unfortunately, I do not know which month in 2012. I think it is safe to say that you will wait at least a year for the interview, but you never know. Good luck, Jason
Hi Jason, Thanks for your information. I’ve speak to my attorney and he said as long as i’m maintaining my F-1 status while waiting for interview i can go out from the United States as long as not my home country. Is that true? And if so, is there any harm to my case? Thank you and looking forward for your reply.
We have had clients do this, but it makes me nervous. The F-1 visa is a non-immigrant visa, meaning that if the US government thinks you plan to stay in the US permanently, they can deny the visa or deny your re-entry into the US. Since you filed for asylum, the US government knows that you want to stay here permanently, and so I think you take a risk by leaving and trying to re-enter. Nevertheless, we have had people leave and return without incident, but there is a risk, and if you are unlucky, you could be detained at the airport and have your case sent to an immigration judge. One option is that you can file for Advance Parole (form I-131), and if you receive it, then it is safer for you to travel. Good luck, Jason
Thank you for your reply Jason, really appreciate it. Do you which case that Anaheim Asylum office are interviewing right now? Is there any way to make i got interviewed quicker? If so, which asylum office are the quickest right now?
I am asylum applicant in NY whose 150 day count is going to finish by the end of this month. After I apply for the EAD, should I receive it or the receipt within 30 days?
You should have the receipt within a week or two after filing for the EAD. For the first card, most people are receiving it in 2 or 3 months, but we have had people get it in 30 days.
Hi Jason,
I highly appreciate your guidance. My Asylum case has been pending for 150 days. I have applied for EAD two weeks back but didn’t get any receipt in return. I submitted EAD with the help of an Immigration attorney, he told me I will get receipt in two weeks. What would you suggest beside wait and watch?
Thanking you in anticipation.
Sometimes it is slow. In my experience, the receipt takes 3 or 4 weeks, and sometimes it is even slower. I would just keep waiting; probably it will arrive soon. Good luck, Jason
Hi Jason,
Hope you are well. I applied for the renew of my EAD card and I got my new EAD card, but there is a mistake on my Birth of Day. So, what should I do? How long it takes to correct it? Thank you very much!!
If it was their error, the should give you a new card at no cost. A first step would be to call the 1-800 number on the USCIS website and ask for their advice. It is kind of pain to fix such errors, so hopefully you can get it done without too much annoyance. Good luck, Jason
dear Jan thanks so much for everything your doing here
i want to ask you this i applied in Jan 2015 in Buffalo
then moved to VA emporia and did the change an address got the change of address after 2 months i think so now am applying for AED
will what i did here caused and delay for my case interview or getting AED ?
thanks so much
We have seen cases where the person moved and filed a change of address form, and the asylum office considered this a “delay,” thus stopping the clock and preventing the person from receiving an EAD. Hopefully this will not happen to you, but you will find out when you file for the EAD and they respond. Good luck, Jason
[…] year. After one year, asylum applicants need to renew their work permits. Because USCIS is currently taking so long to approve work permit applications, you should contact your immigration attorney about four months before the work permit expires. If […]
hi jason
is what we too will wait even longer for the application ead as the number of applicants is increasing day day?
and in front of 82000 asylum seekers is what the united states will finish it in less than 3 years since the increase is faster?
why is that chicago has fewer applicants against other arlington but after our cases do not evolu?
It seems that the EAD delays are caused, at least in part, by large numbers of applicants. I am not sure I understand the other question.
I meant facing 82000 asylum seekers is that the united states will treat any that number in less than 3 years?
I think the plan is to complete all cases currently filed in less than 2 years. But since new cases are always entering the system, whether that will happen is unknown, and even if they do complete all currently filed cases, the backlog will continue, as new cases are being filed all the time.
I have a unique question, I am filling out my EAD application based on pending asylum case. Question 11, where it asks if you ever have applied for EAD before, my answer to that is yes. It was back in 2007 when I was working on H1b for an employer and they filed for my 140 and 485 application concurrent with EAD. 485 did not come, EAD did, but I never used that EAD and continued to work on my H1B visa till today.
Now I do not have that old EAD with me since it was in 2007 and I did not keep it. I do not know now where it was filed and what date, as I need this information to fill in new EAD form for asylum. What should I do in this matter.
Please advise
When we have this problem, we just give USCIS as much information as we have available. If they need more information, they will send a request for additional evidence.
hi there i want to ask you something
i apply for asylum January 30 from NYC then moved there VA
am from Yemen and just wandering will it take more i heard there is news about Yemenis will get good chance or not ? to fast there asylum
or there is not deferent it will take more ?
thanks so much for taking the time reading this
The fact that Yemen is having major problems is an important factor to be considered in your case. However, you still need to show that personally face persecution. The wait time for everyone now is long; it does not matter what country you come from. Good luck, Jason
[…] many asylum seekers in the United States are frustrated at the long delays in receiving their work permits, at least they can work…eventually. In Italy, asylum […]
I have pending asylum case since November 2014 , and in the same time I applied for TPS in February 2015, so already I have application for EAD with the I 821 and I am waiting this EAD, my question is can I apply for another EAD depending on pending asylum or I have to wait my EAD from TPS ?.
Thank you in advanced
I suppose you can apply for both, but that seems like a waste. You only need one EAD, and you have already applied for that, so I think you are better off waiting for the EAD.
I applied for an EAD after 150 days of being paroled (coincidentally, I was paroled on the same day that I submitted by I-589 to an EOIR court). It’s been almost 3 months since they received my application. I’ve been working using a false social security number and false ID purchased from the seedier part of downtown Los Angeles, and so far it has been so good. I basically live like an undocumented migrant, but holding an I-94 that says that I’m paroled.
Should I be worried about what I’m doing?
Normally, if you are eligible for an EAD based on parole, you did not need to wait 150 days, but I suppose that is done now. Working without permission generally does not affect eligibility for asylum. However, there can be other legal consequences, so you might want to discuss that with a lawyer if you are concerned about it.
Hi Jason,
First, thank you for your blog and for all the information you listed about asylum.
I have pending asylum case for 2 years, Filed June 2013, I did my interview 1 year after, June 2014 and still pending for decision. I find job at big firm and get paid by payroll. Now I applied for EAD renewal (as I called USCIS 800 and inform me to file 90 days prior). Its now been 80 days and my card expires next week. Can I continue working with expired card( I can’t afford the rent and health insurance for my family without working),(my employer didn’t bring up the situation yet, should I inform him). I called USCIS twice and in both time they told I can work, when I asked them for the documentation to provide the employer they said they do not have it in front if them, I went local filed office and also told me the same thing without documentation.
What are the consciousnesses of working on expired card, is that will affect my asylum, GC, or citizenship?
Thank you in advance for your help.
Technically, you cannot work on an expired card. If you do, it will not affect your asylum case, but it might cause a problem for the employer. It could also affect your ability to change status in the future (if you wanted to change to an F-1 visa, for example), but since you are probably out of status already, it should not make any difference. Hopefully you will get the card soon.
Hi Jason, I cannot thank you enough for all the helpful info. So I have a pending asylum from Oct 2014 in Arlington, I read your post from Feb 2015 and emailed the asylum office about putting my name on the shortlist, so when should I expect an answer from them? the automatic email reply says, to allow 21 Days, its been more than that now. Do they contact people when their turn is up Or will they tell you if they put your name on the shortlist or not?
Thank you
To be safe, try emailing them again to ask whether your name is on the short list. You can say that you emailed them about this on March __, 2015 and you did not hear back. They should respond. Also, if you are nearby, you can always stop by in person on any Wednesday morning to inquire. Sadly, the short list is not so short, so it may still take a while. Do be sure that all your documents are submitted now, so if they do call you, your case will be complete.
Jason,
Thank you for your insightful blog. My question is that i submitted for my EAD renewal on April 1st, 96 days before my EAD expires in the first week of July. I mailed it to taxes but i have recieved the notice from VERMONT. Dies that mean my case for EAD renewal is with VERMONT? That makes me really upset as i see there are a lot of delay in that office and i have a good job that will be terminated in case i don’t receive it in time. And i simply cannot afford to lose this job.
Secondly, my asylum case is pending since Sept 2013 in Arlington. Any idea what month i can expect an interview call as they are hearing old cases now? Thanks!
Seco
Thank you. Arlington seems to be interviewing cases filed in June 2013 (I was at one interview this morning). As long as you filed the EAD at the correct office, it should be fine – USCIS transfers these things around to different offices depending on workload. Hopefully you will receive the EAD in time. Good luck, Jason
Dear jason
Your answers are inspiring us , i am planning to apply for work authoraztion as a pending asylum applicant with my wife and i have some questions if you dont mind
1- should i applied for my spouse separated application , and if so should we send it in separated mail
2- if the category for pending asylum applicant is (c8) does the category for the spouse is the same ?
Thanx for your help sir
Each person must apply for his or her own work permit. Normally, we mail them in separate envelopes to avoid any confusion (we don’t want them mixing up the documents from different people). The spouse of the main applicant (and any children) all apply under the same category. I hope it is quick. Take care, Jason
Any idea what month cases are being heard in Arlington office now. I filed in Sept 2013. Thanks
Our cases from June 2013 are now scheduled, so you should be soon, hopefully.
Hi Jason,
Thank you so much for your insightful blog. I wish someone out there would read your words and take them into action!
I actually called the USCIS (800) number and inquired about the period of time before which we should apply. She said 90 days and that we should NOT apply before while it is clearly stating in the link in your blog that it is 120 days. This is extremely confusing!
Yes – I always used to tell people that it was 90 days, but then one commentator on the blog pointed to this link, which is clear about the 120 days. So I believe that I am correct and the person at the 1-800 number is wrong (this would not be the first time they were wrong, but of course, I am wrong sometimes too – but I think, not here). Maybe to be safe, you should include with your renewal a print-out of the link I provided, and highlight the language that indicates 120 days.
I have been waiting for my EAD renewal for the last three months, finally they notified me recently that a new one is being produced. It has been 99 days since I filed the application. I lost a full time job at a very important firm because of this.
I tried to call the customer services many times, but didn’t get any specific answer or ETA. This system needs to be fixed. It is just weird how some people get their asylum interviews and approvals so quick and others wait for years.
Thank you for sharing this. Hopefully, they will be improving at least the EAD system soon.
Actually I applied 2 months in advance but it’s not help.
I applied for a new EAC December last year and paid over 400dollars but up to now I have not got it yet.it’s very very frustrating. I wish they make them valid for a longer time or until ones asylum is granted otherwise it’s painful to wait. Something needs to be done.
If you applied based on asylum pending, the fee should be $380.
Actually, there is no fee if you’re filing based on pending asylum c(8). And why is everyone quitting jobs because their EAD is expired or expiring while they’ve already applied for renewal. If you’ve already applied to renew your EAD and have proof of this, unless your employer simply doesn’t realize that the law doesn’t require them to let you go, and unless you don’t bring it up, you should not be getting fired, losing your job or voluntarily leaving your job. I’m also waiting on a pending asylum case and I’ve just sent in an application for my EAD, well after 150 days, and will follow up with USCIS in 30 days if I have not received my EAD by then, to request an interim EAD…which I understand I can receive after the 30 days and not any sooner.
You are not correct – You must pay the fee (or get a fee waiver) for a renewal (the first EAD is free), and while you are eligible to work with an asylum case pending, you need to have an EAD to work. People do lose their jobs if their EADs expire.
you mentioned “Apply as early as you are allowed for the EAD”, whats the earliest for renewing EAD, my EAD is expiring in 3 month and 15 days from today
120 days – so you can renew now.
8 CFR 208.7 says that “the Service shall have 30 days from the date of filing of the request employment authorization [sic] to grant or deny that application.” There’s that magic word “shall” that lawyers love so much, and to me, it sounds nondiscretionary. Can you use mandamus to force USCIS to give an EAD (or at least make some decision) promptly when they miss that thirty-day deadline?
Good point – Thank you. Unless I am missing something, it looks like the USCIS is required to adjudicate within 30 days. Since they never do, maybe some gallant non-profit will take up the cause and file a class-action mandamus. Maybe AILA is thinking along these lines…
The 30 day requirement cited in 8 CFR 208.7 only applies to the initial (c)(8) EAD’s. The 90 day requirement for adjudication of I-765’s is found at 8 CFR 274a.13(d) – USCIS will adjudicate the application within 90 days from the date of receipt of the application, except in the case of an initial application for employment authorization under 8 CFR 274a.12(c)(8), which is governed by paragraph (a)(2) of this section, and 8 CFR 274a.12(c)(9) in so far as it is governed by 8 CFR 245.13(j) and 245.15(n). Failure to complete the adjudication within 90 days will result in the grant of an employment authorization document for a period not to exceed 240 days. Such authorization will be subject to any conditions noted on the employment authorization document. However, if USCIS adjudicates the application prior to the expiration date of the interim employment authorization and denies the individual’s employment authorization application, the interim employment authorization granted under this section will automatically terminate as of the date of the adjudication and denial.
However, Field Offices no longer have the capacity nor technology to produce and issue EAD’s like they did years ago. So, as a practical matter, the language found at this particular section of 8 CFR is toothless. When I have had Congressional liaison check on EAD’s that are past due, the Service Center officers simply shrug and tell the congressional liaisons that my clients will have to wait a little while longer. I have heard of attorneys filing a habeas petition in federal district court to force USCIS to issue EAD’s, but that seems like an extreme remedy, but given the ambivalence of USCIS on meeting their regulatory obligations, perhaps not.
Thank you – That is very helpful. I would love to see some type of class action case here, but my guess is that it is not going to happen. The better solution, if USCIS would just do it (and if it is allowed under the statute), is to issue the EAD for 2 or more years, instead of 1.