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.
Hello, Jason…
Still waiting for my ead renewal. My old one expires on April 22, 16.I have a question about notice letter. According to official sites its not enough to have just notice letter stating that ead is in process.The person must have an actual card.I called my office I work currently and they told me I could bring the notice letter.I doubt they dont have correct information or its possible to accept just notice letter in some case.
Thank you in advance
Technically, I think you need the card. The rule about renewals and receipts applies to people who already have asylum; not people who have asylum pending. Of course, since you will get the new card, maybe the employer is not too worried about you working illegally. Or maybe they just don’t know the rules (or maybe I am mistaken). You can Google the “USCIS employer I-9 compliance handbook” and probably find an answer there. Take care, Jason
Thank you Jason for your prompt responses.
Hello, Jason.I have a question. Can my husband work as a Uber driver in Nyc as he is a person having a pending asylum case .He has a ead card.Are there any restrictions if you know.
Thank you in advance
I don’t see why not – if he has an EAD and Uber wants to hire him, that should be fine. Take care, Jason
Hi jason, I want to thank you for your help and advise. I am an asylee and my case is still pending. I’ve waited for 150days before applying for an EAD. I received a letter that my appication has been accepted, two weeks after I received a second letter that my case has been transfered to Nebraska. Its been almost three months and I haven’t heard from them. I’m a single mom, I’m stranded because I am unable to get a job and take care of my daughter.
Unfortunately, there is nothing you can do to expedite the EAD. However, if you work without the EAD, it does not affect your eligibility for asylum. Also, it seems that most people get the EAD in 3 or 4 months, so hopefully you will have it soon. Remember that when you have to renew, you should file 120 days before it expires (that is the soonest you can file). Take care, Jason
Hello Jason and all,
I would like to share my experience and get some advices from you guys!
I applied to renew my EAD in December 2015 as an asylum pending applicat. the USCIS received my application on December 21, 2015. It’s been pending ever since, and my current EAD expired yesterday, March 29,16. I have called the 800 number when the 75 days passed, got an email, they said your case is in line to be reviewed by an officer, and asked me to give it an additional time, 60 days. But unfortunately yesterday I lost my job which effectes a lot on me! Btw My case is in Nebraska Service Center!
I highly appreciate any advice.
Thank you!
Unfortunately, this is a common problem. We are seeing EADs take up to 4 months, so hopefully you will get it soon. USCIS is changing the rules so that filing the renewal will automatically extend the old EAD, but those rules are not yet in effect (I wrote about this in January 2016). Good luck, Jason
Hi Jason,
Today March 31st, my card is being produced! Hopefully I will get it in a mail soon. I thank you for your respond! I hope everyone else will get their EAD soon.
Thank you,
Bryar
Good luck, Jason
Hello, I am almost in the same boat as Leila.I applied for ead renewal on February 19 th, 2016 and my case was directed to Nebraska Service center for speeding up on March 11th.Still in process. Meanwhile my card will expire on April 22nd and I am afraid I am gonna lose a job if I dont get ead on time.I would appreciate Leila if you inform us about your case. There are 2 days left until March 31st.Did you get the ead card? Good luck…
We are seeing EAD renewals take 3 to 4 months, but people have emailed me here that sometimes they arrive in 1 or 2 months, so hopefully you will get the card. I did a posting on January 28, 2016 about some new rules for EAD renewals that will help the situation. Unfortunately, the new rules are not yet in effect. Good luck, Jason
Thank you Jason for your response. I have one more question.Do I have to change the driving license and get the new one after I get the renewed ead card?
Check the license – in many cases, they expire at the same time as the EAD. If so, you will need to renew it. Take care, Jason
Hi, I’m asylum applicant since September 2014, I applied to renew my EAD on 10 January 2016 but for wrong payment I rejected and paid application fee and submitted again. on Feb 18 I received notice. my EAD will expire on 31 March 2016. I requested expedited but USCIS denied my request. I got notice that they transferred my case to Nebraska to speed up. my employer informed me that I cannot work if I could not HAVE my new ead before 31 March 2016. I don’t have any one to support me and I am so worried about losing my job. I googled Nebraska service time prepossessing for (c)(8). there are some sites that says 3 weeks takes prepossessing .
My question is about time prepossess. Is 3 weeks true for (c)(8)?
Unfortunately, the EAD process is slow, and can take up to 4 months. We’ve seen people get the EAD in 1 or 2 months after filing, but lately it has been longer. The rules are changing so hopefully this will not be a problem in the future, but for now it is a big problem. You might ask your employer whether you can “intern” or work without pay during the gap. In the end, you will receive the EAD and the gap in time will be covered, so there will be no evidence that you worked without an EAD. However, in reality, you are not eligible to work without a valid EAD. Hopefully you get the new card soon. Good luck, Jason
hi
i applied for my i 765, 7 months ago. first time i made an inquiry they told me that it is under some background security check. couple of months ago on second inquiry i have been told that case is in proccessing and waiting for decision to be made about it. and on third inquiry which i made couple of days ago, now they say it is under extended review. what does that mean. does it mean it will last 7 more months. i am really so frustrated.
I don’t know, but that is really long. You might try an inquiry with the USCIS Ombudsman Office – it is their job to help in this type of situation. There is a link to their office at the right. Take care, Jason
Hello, I m from Nepal ,i applied for workpermit and my biometrics was on december 14 but My case is still processing it’s been 90 days.I check online it say finger print fee was receive n work primit case is pending at local office. the case is about the tps for nepal. my friends recieved their card within 20 or 30 days. can you please tell me how long normally they take to mail the card and can you tell me what might be the reason they taking a long time approve my case?
I do not do a lot of TPS cases, so I can’t assist with that, sorry. Take care, Jason
Hi Jason,
Thank you so much for your informative blog.
I would like to share my experience with EAD renewal process based on pending asylum status.
-Vermont service center received my application on Dec 29, 2016.
– My case transferred to Texas service center on Feb 29, 2016.
– My case was approved on March 7, 2016.
– On March 9, 2016, new EAD card was emailed.
I am waiting to receive my new card.
Thanks
A
It seems that these EAD cases are going a bit faster. That is good news. Hopefully, you will have the card very soon. Thank you for letting us know, Jason
Thank you! I just got my card today!
Dear Jason,
I would like to know if is there any website that we could check our asylum status (or interview result) after the interview with the USCIS office.
Many thanks for your response in advance.
There is not – asylum information is not available on line. Take care, Jason
Thank you for the helpful info.
I applied for a study permit, then filed for asylum while waiting. Is it possible for a study permit to be approved while someone has filed for asylum? Or does the asylum overrule the other application?
I got a letter recently asking for additional evidence, that I’ll leave the country after. I can no longer do that pending my asylum application. What’s your take on this? What would you suggest?
By student permit, do you mean F-1 visa? If so, you are not eligible for the visa if the US government believes you will stay permanently in the US. Filing for asylum indicates to the government that you want to stay permanently. I have known some clients who were able to get the F visa and file for asylum, but technically, USCIS should deny the application for student status. It is possible that you have plans to leave the US after your studies and, for example, go study in a third country, but I think you will have a tough time convincing them. Anyway, whatever you do, do not lie to them, as it will only cause much bigger problems for you later. Take care, Jason
Hello, My asylum case is pending. i filed i 765 after 151 days. I received the receipt on feb 4th. When do you think i will receive my EAD? i was thinking maybe march 6th or 7th but i saw in the comments that it is 90 days. And also, i am confused i read in the comment that you do fingerprints for EAD. It is my first time hearing this and i’ve never read it anywhere on USCIS. Is it true for asylum pending applicants? I already got many jobs, they just need me to provide my SSN. I told them that i will give it to them on March 7th. Help me out and answer my questions please. Thank you
Lately, EADs have been taking close to 90 days. Some people have contacted me on this website and said they got the EADs in less than 60 days. We have seen people get EADs quickly, but not for a while, so hopefully, things are improving at USCIS. Most people do receive a fingerprint appointment for their EAD. Take care, Jason
Hi Jason
Thanks for your great blog and information.
I applied initial EAD after 150 days of pending asylum case. Vermont service center received my application on Dec 28, 2016. They transferred my case to Texas service center on Feb 17, 2016. Yesterday, March 1, 2016 I got notification that they sent the card.
It seem that recently Texas service center is faster than any other USCIS service center.
I have heard that from a few other people as well. Hopefully, it is a sign of things to come. Thank you for letting us know, Jason
Hello, I am an asylee and it’s been 75 days since I applied to renew my EAD. On Feb. 19 I received a mail that my case/I765 has been transferred to another USCIS office. My current EAD will expire next week. I tried to contact USCIS Customer service via phone to expedite my I765 application but they told me to wait for decision as it is going to take 75 – 90 days to process.I am about to lose my job. I am very worried. What do you advise me? Will there be a difference If I contact USCIS Office via email?
Unfortunately, I know of no way to expedite the EAD. Perhaps your company can put you on leave until the new card arrives, that would allow you to keep your job. The card will arrive, it is just delayed. In the future, you should not have this problem, as they are changing the policies (I wrote about that a few weeks ago). But for now, there is not much to be done except hope the EAD arrives soon. Take care, Jason
Hi Jason,
I would really like to thank you for the assistance and advise that you are providing to us (asylees). If is was not for your advise we might not be able to understand the system USCIS. Today I final received an on-line notification that my EAD card is being mailed to my address. Hope to get it by tomorrow. It is understandable the backlog, hassle, and lack of enough employees that is going on in the USCIS. You have provided them with lots of suggestions and hope it will be taken seriously and put into action. Now the only thing we have is to wait for the interview which might be sometime in 2017 for cases submitted in 2015. The worst thing is after the interview you get rejected or disapproved.
May God bless you and keep up the good work.
Thank you – my only word of caution is that the EAD usually does not arrive quite that quickly after it is posted on-line. It may still take a week or two (though hopefully it will be faster). Good luck with your case, Jason
One quick question. Do I have to send my request for extention to Nebraska or Austin TX since my jurisdiction now has been transferred to Nebraska Office?
I am not sure what you mean by “request for extension.” If you are referring to filing to renew the EAD, you have to check the instructions ot the form – it will tell you where to file. Take care, Jason
Good afternoon, Jason. I have a question to you, and i really appreciate your help to everyone. I’ve applied for political asylum in may 2015, passed fingerprint etc.. In October I’ve sent the form for my EAD, and got none respond. I called to their office and they told me that Post office couldn’t delivered my notice and they cent it back. I asked them send me one more, they did. They asked me to send them evidence that im asylum pending applicant. I’ve send everything by mail, and yesterday got mail form US DHS that my EAD was denied. There is says “therefore you do not presently have a pending asylum claim and ypur form i-765 must be denied. So i dont know what to do, dont have any money ,and cant work…
Thank you for respond? Viktor
Based on what you say, it seems like USCIS made a mistake. If possible, go to your local asylum office (or contact them by emailing, but in this case going in person seems better) and show them the letter stating that there is not a pending case. Bring all the receipts and fingerprint notices. Maybe they can help you (you can find contact info for the asylum office if you follow the link at the right called Asylum Office Locator). Also, you can make an infopass appointment at http://www.uscis.gov and go to USCIS with all the same documents. Good luck, Jason
Thank you so much ! I’ve applied from Florida , but currently now I’m in New Hampshire , is that not a problem if I’ll go to local uscis office?
I suppose you could try, but USCIS might be suspicious of you if you go to the NH office when you told them that you live in FL. Maybe you have a good excuse why you are currently in NH, but this could later become an issue if the Asylum Office thinks you lied about your address. If you want to go to the Asylum Office (or email them), you need to contact the office that has your case – presumably, that is in Florida. Take care, Jason
Hi, im have an asylum application pending for more than 150 days, and I’m a bout to apply for work permit (EAD), I read there is no fee for the first time as asylum applicant. But I had a work permit before I apply for asulym. Will I have to pay $380 fee?
There is not fee for the first EAD when it is filed based on an asylum case pending. Take care, Jason
Hi Jason
thanks for your great posts
I am currently an f-1 visa student
I applied for asylum and my case is pending.
I have received my EAD ! but I am wondering If I can work off campus ?
does it violate f-1 visa ? if it does what is the purpos of work authorization ?
With the asylum EAD, you can work anywhere. That is the purpose of the EAD – so you can work while the case is pending, but of course, you do not have to work – you can just continue being a student and not working. It’s up to you. Take care, Jason
Hey Jason
It’s been 90 days today that I applied to renew my EAD but I didn’t get it yet. My current EAD expired in the mid time so I tried a service request (over the phone) to expidite my I765 but my request got denied. I finally on February 17, 2016 I sent a latter to Vermont service center explaining that I was about to lose my job, I also attached to this latter a copy of my employer warning… my driver license also will expired by February 2016. I got a status update saying that my case was transferred to another uscis office… I don’t know what to do because I don’t even know where they sent my EAD renewal application. On top of all I recently got hire by another company and I’m supposed to start by March 3, 2016 with them. Do you think that I can start this new job while I’m waiting for my new EAD?
What can do rightnow because i need to renew my driver license and my car regustration and i don’t want to lose this job opportunity. Oh I leave in new Jersey and the new job opportunity is in texas.
Thank you
I think you will have to talk to your employer. Some employers might be flexible about this, as there is no real doubt that you will get the EAD. However, technically, they cannot hire you without the card. We are seeing people wait 4 months for the EAD, so hopefully yours will come soon. Efforts to expedite seem useless (as you experienced). In the future, this problem will be reduced, as there is a change in EAD policy (I wrote about it on this website about 2 weeks ago), but that new rule is not in effect yet. Good luck, Jason
Thank you jason, have a Nice day
Hi Nenet,
I am in the same situation as you. My current work permit has expired and I am expecting to start my new job on March 21,2016. Can you let me know if you are working for the new company and how did you transition.
Thank you Jason for your help!
Thanks
Doma
Hi. I have a question my husband applied for the I-765 for the third time but we received a letter saying that his application was moved to a different USCIS office and that they now have jurisdiction on his case What will happen next?
If he received the EAD before, there should be no problem to get it again. USCIS moves EAD applications to different offices depending on their work load – it is normal. Take care, Jason
I am currently on TPS due to the outbreak of Ebola in West Africa. I also applied for Asylum and have done biometrics since July 2015. It has been more than 150 days since. As it stands, I don’t know if the TPS will be renewed. Can I apply for EAD on the Asylum application now? Thanks for your prompt response.
You can apply for the EAD based on asylum any time after 150 days. You may want to wait a bit, since you have a valid EAD based on TPS. You should file for a new EAD 120 days before your old EAD expires, as there are delays obtaining the EADs. Take care, Jason
Hi!
I’m an asylee since 2011 and I have been waiting for my green card for over 2 years. I had an interview for my adjustment of status after 4 months of my application but they have not given me a decision.When i check for the status on the USCIS website till today it still says that I am to be present for an interview, which I already. I have made an appointment and went to see a customer rep and the only information he can tell me is that it is pending adjudication (whatever that means), My EAD has expired in 2013 and every job I applied for, the employers have been doing an E-verify and I have had no problem so far. However, my new about to be employer wants me to bring in an EAD and said they don’t do e-verification. Is there anything I can present to them to show that I am an asylee and have an unrestricted SS card? Do you have any suggestions on what I should do?
Thank you!
You can apply for a new EAD based on asylum. Once you have the receipt, you can show that to your new employer with your I-94 showing you have asylum, and your old EAD. That should be enough (they can check the I-9 employer compliance handbook published by USCIS). You may want to inquire with the Ombudsman (a link is at the right) about the delay in the green card – they may tell you more than customer service. Take care, Jason
Thank you Jason!
How does the fact that my EAD has expired in 2013 affect me? All the jobs I’ve held so far has been asking for my A number and social to do Everify. Will I get in trouble for working this long without renewing it? Because I didn’t want to pay 380$ hoping my green card would in the meantime.
Thank you again for your kind work.
If you already have asylum, I believe you are eligible to work without the EAD – your employer should have access to the I-9 compliance handbook from USICS (you can also Google it). There is a chart near the end that discusses what documents are needed. It is better to have it as proof of employment eligibility, but I do not think it will cause any problems for you that you did not renew the card. Take care, Jason
Thank you very much for your replies Jason!
I applied to renew my work permit Nov 20, 2015 , fingerprinting completed on December 31, 2015. I’m still waiting for the card ?. I’m wondering why they asked me to do fingerprinting as they have one on file from the previous employment authorization card? What happened if people work without the work permit or while ead is pending. How uscis get informed about the applicant employment status.
If you work without the card, it is not allowed, but there is no penalty for you under the immigration law (there may be a penalty for the employer). As for the fingerprints, my theory is that someone (a government contractor) makes money from doing the fingerprints, and that is why they need to be done so frequently. Take care, Jason
Hi!
I have a couple questions, I hope you can help me! 🙂
1st – the status of my working permit application was updated today, saying my new card is being produced and will be mailed to me. How long should it take until I receive it?
2nd – would the working permit already come with my Social number on it? If not, what is the next step for an asylee to get a Social?
Thanks in advance!
hello Fabiola,
I’m in the nerve wrecking EAD process. They received my case on December 11th 2015 and since then the case is in status open.
They told me that for my request in 75 days I should receive an answer if not I can open a request..
Please tell me when did you status updated? ( it took more than 75 days or less ? ) 🙂
and 2. they gave you the EAD card no in advance or you had to wait for the actual card that was mailed …and 3rd .. how fast did you received the card by mail ? … Thank you a lot ! and congratulations 🙂 I feel it’s a good reason to congratulate a person when they get their EAD 😀
I want to renew my EAD.
My asylum case is pending at arlington asylum office, V A
Last time it applied by attorney,
My question is in which address I have to send my application ?
Oh one more thing right now I am living in dallas texas
If you have moved permanently, you are supposed to inform the asylum office using form AR-11. If you tell them about the move, they will transfer your case to Texas. As for the EAD, you need to review the instructions and file according to what it tells you. I cannot really advise you any more than that. Take care, Jason
Mr.Jason
I have a question for you. I have already applied for my work permit and it is my first time. I already got a letter that it states that my application was received on Decmebr 23rd. Further, I already had my fingerprints and picture taken prior to that, and it it just a waiting game now; which will be about 90 days. My concern is, I have been reading the comments and most of them state that in some case their applications were either moved or delayed. My question is, will I be able to get it before the 90 days are reached, or might I face the same problem as the others? Lastly, my lawyer never mentioned any of this to me, which made me worried about her credibility.
I do not know about the lawyer; if you are concerned, you might want to meet other lawyers to get some other ideas about your case. The work permits are moving slowly now. It seems most people receive the work permit about 4 months after filing. You have to do a separate biometrics appointment for the work permit, even if you already did it for the asylum case. Take care, Jason
Hi Jason
Thank you so much for the valuable advice you are offering on this website. i am an aslylee and i applied for ead end of December, received my receipt 797 on the 7th of January. my question is, am i going to receive another letter for biometrics/ and how long does it take to receive it after the 797 letter.
thank you in advance.
You should get the biometrics letter in a few weeks. EADs take about 4 months. Take care, Jason
Hi Jason.
I hate to be a bother, but how do the recently-updated Service Center processing times (especially the Vermont one) affect your predictions? Namely, the other 3 SCs say they are processing (c)(8) EADs within the timeframe, while Vermont said that – as of Nov 30 – they have last processed a (c)(8) EAD on July 20. Now, I remember that in the previous batch of processing times (which was as of Oct 31, I believe), the last one was July 13, so I’m curious as to how Vermont has managed to only get through 7 days’ worth of I-765s in one month. But that’s besides the point.
Since USCIS has stated they are delegating (c)(8) EAD production from Vermont to Nebraska, how does that affect my predicted waiting time? I sent in my I-765 on Dec 10, got a receipt/case number from Vermont SC on Dec 21. Based on what I’ve read online, I should receive a notice that my case is being transferred away from Vermont, but I haven’t gotten it yet.
What do you think is the earliest realistic date for my card to arrive, and conversely, the most probable date? I don’t expect any requests for evidence, etc.
Thank you Jason, you are truly the best.
We are seeing people wait about 4 months for the EADs. All the processing times they post online are bunk as far as I am concerned, and I take little stock in them. The good news is that supposedly they will change the rules so that when you apply for EAD renewals in the future, your EAD will automatically be extended as soon as you get the receipt, so you will not have to wait forever, like we do now. Take care, Jason
Hi Jason,
My husband and I have had Working Permits based on our J1 visas. Now we have changed our status to asylum applicants (pending). In a couple of weeks we will be eligible to apply for EAD. Do we need to pay again or it’s still considered free as we now apply as asylum applicants.
Many thanks for your time.
If this is the first time you are applying under the asylum pending category, then the work permit is free. You do have to pay for renewals. Take care, Jason
Dear Jason!
I’m very sorry to bother you again.
Our EADs (based on our J-1and J-2 visas) are about to expire, we recently applied for the new EADs based on our pending asylum status. How would you advise us to talk with the HR person in order to continue working based on our I-94, old permits and the I-797 form saying that we applied for the new permits. Many thanks for your help.
I am not sure what you can tell HR, since you are not eligible to work unless you have the card. Maybe since you will get the card, they will be flexible with you and let you keep working. If not, you might suggest that you work as an unpaid intern until the card arrives – I think you are legally allowed to do that (though HR should know for sure). We are seeing people wait up to 4 months for the EAD, though sometimes it comes much faster. Good luck, Jason
Thank you Jason for your time.
Hi Jason
what kind of checks do these offices do? Criminal checks?, credibility of your case? general info.? what really grants you authorization to work? I sent in my EAD application in dec. 23rd 2015, when can I expect to get a response? what is the estimated time of wait before you are called up for your interview?
I don’t think there is much of a check for the EAD, but I am not sure. We have never had one denied due to security reasons or criminal issues. Normally, these days, the EADs are taking about 4 months. Take care, Jason
Dear Jason,
I am filling the I-765 form and have some quetions about the form for my husband.
1. Is the A-number the same for us, as he is in my case? he doesnt have I-94 either.
2. And what is his current immigration status, should I write “Asylum Applicant” or something different?(he is undocumented immigrant).
3. Are the documents I add to the application the same for two of us? the instruction doesn’t say anything about it. Do we have to add marriage certificate?
thank you in advance!
God Bless
Did you include him as a dependent on your asylum form? Meaning, did you include an extra signature page for the form I-589 with his signature and photo? If so, he can apply for the work permit as well. For our clients who do not have an A number, we use the A number of the principal applicant. Also, if he is a dependent on your case, he is an asylum applicant. The documents for both cases (yours and his) should be the same, and it is a good idea to include the marriage certificate to prove the relationship. Take care, Jason
Mr. Jason,
I can’t be thankful enough to the quality and frequency of your posts, It would be of great help if you could answer my question about the follow :
-06/04/2015
applied for asylum
-11/09/2015
“We received your Form I-765, Application for Employment Authorization”
-12/22/215
from USCIS website “Your Form I-765, Application for Employment Authorization , was transferred to another office for processing”.(Nebraska)
-12/23/2015
Received a mail notice stating that it the transfer was done to speed up the application and new officer will evaluate the application.
I changed my address within my state Massachusetts, Should I worry about the office making a mistake and stopping the clock? Would USCIS still send the application to another office ?
I genuinely appreciate every minute you spent to make asylum seekers find answers.
.
It sounds like everything is fine. EADs take about 4 months these days, so you are within the normal time frame. As for the clock, once it reaches 180 days, even if it did stop, it would not have any effect. Probably you will wait another month or two before you get the EAD card, but from what you’ve written, everything seems normal. Take care, Jason
Hi,
I am an asylum applicant and I am ready to apply the work permit but I don’t know what forms do I need to fill in to apply, moreover, do I need to submit with other asylum receipts, and where do I have to send those forms to get work permit? Thank you so much.
http://www.uscis.gov/i-765
This is the link to the application and instructions. Read the instructions very well. It’s all there. If you have case-specific questions, you have to consult with a lawyer.
You would have to look at the instructions for the form I-765, available at http://www.uscis.gov. It is not difficult, but if you have problems, you should consult a lawyer about the specific issue. Take care, Jason
Hi Jason,
I filled for I765 after completion of 157 days to Dallas, Texas. Four days later I received a notification that my EAD is under process. While waiting for the approval I received one month after another notification that they have transferred my cased to Nebraska in order to speed up processing. Please see below the message that I received.
On December 22, 2015, in order to speed up processing we have transferred your Form I-765, Application for Employment Authorization , Receipt Number ……, to another USCIS office. That office now has jurisdiction over your case and will notify you of the decision made on the application or petition.
Does this mean I am not qualified for EAD? As you know we the asylees need to work to survive. I am really stranded and need you advice. Thank you.
There are delays for EADs now that are much worse than they were last summer. It is normally taking about 4 months. The fact that USCIS moved your case is not a problem – they frequently shift cases around depending on the work loads at different offices. If you received the receipt, and did fingerprints, you should be fine, but I expect you will wait another couple months to get the EAD. Take care, Jason
Hi Jason,
I still have not received any notification from the new office for my EAD. I need to work to survive. Now it is almost three months. Please I need an advice from you. Do I need to wait another month? I don’t know what will I do in the coming month. I am almost penniless.
If you have received your EAD receipt and fingerprint, the case should be processing and you will get your EAD soon (hopefully). I do not know how to expedite that – though you can always contact USCIS and ask them to expedite, but I do not think that will help unless the delay has been much longer than what you have seen so far. If you filed the I-765 and did not get your receipt or fingerprint notice, then something is wrong. You can call USCIS or make an InfoPass appointment to check. Those are the fastest ways to find out what happened. Good luck, Jason
After my EAD application case was transferred to Nebraska office on December 22, 2015 I have received neither a receipt nor fingerprint notice. I had already done my fingerprints when I first submitted my case that was in June 2015. Do I need to undergo a second fingerprint?
There is usually a second fingerprint for the EAD. The transfer to Nebraska is normal – it is just USCIS distributing their work load. Hopefully, you will have the card in another month or two. Take care, Jason
Hi Jasson,
I have a question regarding work authorization. I am asylum applicant with pending case for over 7 years. I used to apply for EAD cards every year but this year it is taking forever to renew it. I have a small business. Can I be self employed without EAD? I don’t understand since I have heard from one lawyer that I do not need one because EAD is for employment under employer only. Can you explain it please! Do I have to have EAD to be self employed? Is it illegal to be self employed without EAD for asylum seeker? Thank you so much!
I think you do need the EAD, but even if you get it late and there is a gap between the old card and the new card, you can probably just keep operating your business. I highly doubt that you would have any sort of problem, but I do recommend you renew the EAD each year, as that is the safer course. Take care, Jason
Hey Jason,
I applied my first EAD at the end of October 2015. Now after 71 days of the receipt, I got a status update saying that my case has been transferred to local USCIS office and I should allow 180 days for my case to be processed. This is shocking to me as I wont even make it one more month with the money I have now. My question is it normal that EADs are transferred to a local office? ( I am in Herndon, Va and the local office is in DC)
USCIS transfers cases around all the time, depending on workloads at different offices, so my guess is that this is normal. EADs in general are taking about 4 months. Also, remember that if you work without permission, it does not affect your asylum case. Take care, Jason
Hello dear Jason,
First of all I would really appreciate your advices and support, My question is :
I filed my asylum application on May 2015 and after 153 days I applied for EAD on October, I received a notice received, after almost 3 months USCIS sent me a letter said that they denied my EAD application.
The REASON was that I passed just 59 days instead of 150, they mentioned that 59 days from May 2015 to October ????? It’s actually 153 days passed! !!!!
Note : I applied the asylum application on Denver COULD and after 2 weeks moved to Florida, changed my address on Jun 11 2015 .
Could you please kindly explain to what is wrong with issue and what should I do??
God Bless you
Best Regards
Ahmed
Channing the address (and moving to a different asylum office) caused your “clock” to stop at 59 days. However, supposedly, USCIS has changed this policy – a move should not stop the clock, so it sounds like it is their mistake. You should contact the asylum office and tell them the problem. They should be able to fix it (though it can be difficult to get them to respond). You can email them – you can find the email address if you follow the link at right called Asylum Office Locator. If that does not work, maybe go in person. Good luck, Jason
Hi Jason,
I applied for ead based on pending asylum, I got a mail saying that they accepted the application & I have to wait till I receive I-797 by mail within 7-10 days, does that mean that my clock is running & ok since they accepted the application & does it mean that I’m approved for ead.
Thanks
It means only that they received the application. Hopefully, you qualify for the EAD and you will receive more information soon. EADs are slow right now, and the process can take up to 4 months. Good luck, Jason
Thanks Jason, but since they received the papers does it mean that I have no issues with the clock, in other words if someone is having a problem with the clock they USCIS would also receive the application or they will return the application to the sender without receiving?
Thanks
If there is a clock issue, USCIS will accept the filing and then later send a notice of intent to deny. In other words, the fact that they accepted the initial filing does not tell you whether there is a problem with the clock. Hopefully not. Take care, Jason
Thanks
Hello Jason,
I have pending asylum application and I am eligible for applying for AED. But I don’t know what I have ti attach as supporting documents?
For this, you just need to read the instructions for the I-765 carefully. If it is still confusing, you should consult a lawyer. But if you do it on your own and make a mistake, USCIS will send you a letter telling you how to fix the mistake. It is not a big deal, though it might cause a short delay. Take care, Jason
Hi Jason,
What about the Interim EAD mentioned in I-765 instructions; “If you have not received a decision within 90
days of receipt by USCIS of a properly filed EAD application
or within 30 days of a properly filed initial EAD application
based on an asylum application filed on or after January 4, 1995,
you may request interim work authorization by calling the
USCIS National Customer Service Center at 1-800-375-5283
or by appearing in person at your local USCIS Field Office by
making an InfoPass appointment. For TDD (hearing
impaired) call: 1-800-767-1833. For further processing at a
USCIS Field Office, you must bring proof of identity and any
notices that you have received from USCIS in connection with
your application for employment authorization.” Is this something the USCIS stopped granting?
Thanks,
Majd
I believe that the USCIS does not grant it at any office, but I am not 100% sure about that. They do not grant it at my local offices – Arlington, VA and Baltimore, MD. You can always try, but I would not be optimistic. Take care, Jason
Hello,
I applied asylum and haven’t receive interview date.
I have approved EAD and it expires on 9/2016, can I go to school and apply F1 visa?
You should be able to go to school using the EAD – but you have to talk to the school, as different schools have different policies. Maybe you can switch to an F-1, but only if you have some other status besides asylum. If your visa has already expired, the only way to change to F-1 is to leave the US and get the visa at an embassy overseas, but this can cause real problems and you need to talk to a lawyer before you do it. Take care, Jason
Hi jason thank you for responding for the first time actually I’m having another problem that I would like to ask you about. As I told you we have a pending asylum I filed for f1 visa for my daughter to help her get into the columbus state community college after she was accepted by this college and she was issued I-20 we tried to let her enter as pending asylum but they requested change of status to f1.Now after 4 months of filing f1 I received a paper from USCIS requesting more evidence about our situation about our intention- when we came here to the usa because we came on B2 visa then switched to asylum even though I mentioned that we aRe on pending asylum-and our financial capability even though I have sent them all the necessary documents I mean the bank statement and notery signature .I have send them bank document in her father name from a bank outside usa now they’re requested that we should have this money here in our bank account. The problem is that we can’t because we don’t have such amount any more. We have limited time to send back evidence so I’d be grateful if you advise me what to do isn’t there any kind of petition that we can send since we’re trying to send EAD to be able to work and support our family thanks
I really do not understand the question, but it sounds to me like you need to consult with a lawyer – I think it is too involved for me to answer here. If your daughter is a dependent in your asylum application and she gets an EAD, she should be able to attend college with that (though you need to check with the college, as the admissions rules vary). Take care, Jason
Hello, I m from Nepal I have a withholdding of removal status,after earthquake am able to apply TPS, My case is still processing it’s been five month I check online it say finger print fee was receive n work primit case is pending at local office. Tps dateline end in December I’m so worry I would like to see my family I need apply travel document any idea?
I do not know whether you can travel with TPS after you have received withholding of removal. I have heard from other lawyers that is possible, but I have never had a client do it, and I fear that it would cause problems. In fact, I am not even sure you are eligible for TPS when you have withholding (withholding means you have been ordered deported, but the deportation has been “withheld” for Nepal – so, in theory, you can be deported to another country) I recommend that you talk to a lawyer before you apply for TPS and especially before you travel. Take care, Jaso
Thank you so much for advice..appreciate for the time
Please I’m an Asylees we have a pending asylum waiting for the interview for 150 days I wanna file for EAD for my husband, me, my daughter 22 and my son 20 do I have to fill an application for each one of us do I have to pay anything what address I should send the application to I’m living in columbus Ohio thank you
If everyone was included in your asylum application (and your daughter was under 21 when you filed and is part of your case), then each person can file for an EAD. The first EAD is free. You use a form I-765 (available at http://www.uscis.gov), and the instructions explain where to file and what is needed. Take care, Jason
Hi, I applied for EAD after on 158th day and have not received the notification of any kind from USCIS until today, which is after 19th day since I applied. What can I think of this?
Thanks
I think it is still too soon to worry about it – I would not worry for a few more weeks. You might want to double check that you sent the application to the correct address. Take care, Jason
Thank you, Sir.
Hi
I applied for my EAD on august 31 and after 75 days i called in to know about my application as far as it was on pending for long time. Then i received this email telling uscis put the case on pending because they are waiting for security check to be completed and thus the are not able to move forward. I dont know how long will it take. But my question is that is there any way i can just renew my DL without my ead updated. I am an asylum with case pending for almost two years. Thanks
That may be possible based on the pending asylum case. You will need to contact the DMV and ask them. Some DMVs have a person whose job is to assist immigrants with the driver’s license. You can ask whether your DMV has such a person. Good luck, Jason
I’m asylum applicant since April 2015 from Lebanon. Would Paris terrorist attack can affect the asylum applicants from the middle east ? thanks
I don’t think so – there are already long delays for asylum applicants from the Middle East due to security checks. I’ve had a number of cases from Lebanon, and it seems to me the delays from your country are not so bad, compared to places like Afghanistan or Iraq. However, each person is different, so it is not possible to predict, but hopefully, you will not have a long delay after the interview. Take care, Jason
Mr. Jason,
I have a pending asylum, I applied for a EAD last month on Nov 6th, I got a letter from USCIS that they received my application and my EAD is in process, but I got another letter along with my check back from different office of USCIS Nov 7th that they rejected my application they didn’t mention anything on the paper why and I don’t know why they rejected I am very confuse I am eligible for the work authorization, but I don’t know the reason why they rejected my application. Can you please tell me what to do next?
Thanks,
For the first EAD based on a pending asylum case, you do not need to pay the fee. Maybe the fact that you did pay was the problem. Normally, they do provide a reason when they reject a case (you have to look carefully, as the reason is not always clear). If you cannot figure it out, you may want to consult with a lawyer for help. Good luck, Jason
Thank you Jason for your information it is very helpful I will be trying to see a lawyer and discuss
Hi, I applied for work permit for me and my wofe at the same time, I received my work permit but my wofe have not. Should we check with USPS, Layer or immigration dep.?! Or should we wait?!
There are delays with work permits, but if she has been waiting more than 4 months, something is probably wrong. You can inquire with USCIS to see if they can help (www.uscis.gov). Take care, Jason
Hi! I’m pending asylum applicant (because my husband) I’m waiting for my EAD, but I have a question, I have an excelent job offer here but they want me to travel to other countries 2 times at month, can I do that? With a parole or something? Or USCIS can restrict me the reenter to the country if I travel? Thanks
Travel is a problem for people with pending asylum cases. You need to apply for Advance Parole (using form I-131), but it can be difficult to get and restrictive. Also, you cannot travel to your home country. But if you get it, you should be able to travel and return. Take care, Jason