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.
Hi, Jason.
So I had mailed my EAD application to USCIS for a pending asylum
applicant a few hours ago，but till 15th,Oct, it’s enough for 150 days.Will there be any impact?And also can fingerprint notice be a evidence for applying that? Casue I didn’t receive my case receipt. I already gone to asylum office before, they told me they couldn’t send me again.
If they don’t approve my application, what should I do?
We have seen applications rejected where people file before the 150th day. If that happens, you will need to re-file. You should be able to obtain a copy of your entire file, including the receipt, if you file a Freedom of Information Act request using form G-639, available at http://www.uscis.gov. Take care, Jason
EAD Expedite Request – is there a negative effect on the asylum case?
Hi Jason, your forum is the best resource out there on asylum, that is why I have a tricky question on the subject. Does it have any negative influence on my asylum case, if I apply to expedite the issuance of my first EAD (after 150 days of course), in some angle that I do not see, like why are you so eager to get the EAD, now when the interview comes my credibility will be destroyed because of that. Some lawyers advice to not do it if you are pending asylum, but why would they treat us for less human from all other applicants. I have pretty serious medical reason and I can not continue without being able to work to pay my health insurance.
Do you think that showing credit card statements to USCIS will cause a problem, like – how were you able to get credit cards, do they have the power to look at my credit card applications to see if I were claiming to be green card holder or a citizen and that to get me to a denial of my case or even worse?
Thank you ahead of time!
I cannot imagine how an EAD expedite request could possible harm an asylum case or affect your credibility (unless, I suppose, your expedite request is inconsistent with your asylum case). You can also ask to expedite your asylum case, and that may work if you have a medical reason. I did a post about that on March 30, 2017 – maybe it would help. Take care, Jason
Thank you, Jason!
Hello JASON! I have received and sent back rfe response for the work permission, how long it will take to wait for the wa after rfe if you pending asylum?
I do not know – each cases is different. We have seen cases where we respond to the RFE and then get a decision in a few weeks, and so hopefully that will be your case too. But these days everything is slow, and you have to remain patient. Take care, Jason
Hiii i received my work permit on Aug 2016 i was 5 months pregnant at that time i wasnt able to start working with my Work permit and till today i havent started working bcz i dont have anybody to take care of my baby she needs me i feel horrible leaving her with a bbysitter i feel like she will not be good takencare of. My question is Will this affect me on my renewal? I im very worried about this.. Can someone plz answer my?
It will have no effect – Many people get an EAD even though they do not need to work. They need it as an ID and for a driver’s license, etc. I think this is nothing to worry about. Take care, Jason
Hi Jahson,
I applied to intial EAD. Based on asylum application on May 23 , 2017 but i did not approved yet?
It says on USCIS website intial EAD based on asylum application approved durum 30 days but i have been waiting more than 65 days i aslo called USCIS costumer sevice and they made service request for me before 1 month but still i did not get my EAD.
What should i do ??
Thanks in advance ….
I’m waiting for mine since April 2017 and is no updates at all. I had my interview July 18 2017 now I have to wait until August 1st to pick up decision.
I applied for asylum in 2014.
So this is my experience, with Immigration we just need to wait.
Hi Jahson,
I applied to intial EAD. Based on asylum application on May 23 , 2017 but i did not approved yet?
It says on USCIS website intial EAD based on asylum application approved durum 30 days but i have been waiting more than 65 days i aslo called USCIS costumer sevice and they made service request for me before 1 month but still i did not get my EAD.
What should i do ??
Thanks in advance .
I think you just have to wait. In our firm’s experience, EADs take 2 to 4 months, and the USCIS website is simply not accurate. Take care, Jason
Update for my case:
NOV 2014 Asylum application received
March 2017 3rd EADapplication was received
No updates for my EAD. my DL and EAD expired June 29th, but lucky they extended for 6 more months.
June 30th I received my date for my first interview at the asylum office in NJ in a few days.
I’m so scare, so let’s see what happens!
Good luck with the interview – did a posting on September 8, 2016 that might be helpful for the interview. Take care, Jason
I am in th same boat. My EAD expires soon. I have not recieved any update on my EAD yet. I know that on the reciept it says your EAD is extendedfor 6 months. How did that go with your employer. I m afraid, they probably would not know what to do with reciept.
Do tell me about your experience.
Thx,
Jeet
I did a posting on January 25, 2017 that has some links to US government websites that also provide info about the 6-month extension – maybe those would help with the employer. Take care, Jason
Hi Jason,
I received my E.A.D card on May 20/2017 but unfortunately my full name was written incorrectly, Azam Bachari Bachari Saleh ,while my correct name is Azam Bachari Saleh .According to their instruction, I immediately returned back the A.E.D. card with a photocopy of Notice of Action ,I-797 ,a copy of my birthday certificate in English and a letter explaining what information needs to to be corrected this is what they had requested .It is about one of half months I have not received the corrected card . As you know ,because of not having A.E.D.card I can not have S.S.N ,register for driving license ,register for any college and even I can not receive any governmental benefits . Please help me what can
do to minimize the time of waiting or to whom I should refer .I am living in California .
I have very little experience with correcting EADs, and so I do not know the time frame. One commentator here once said it took about 3 months. You can call USCIS to ask for a status update. You can find their phone number at http://www.uscis.gov. Take care, Jason
hi Jason
today I would like to share my experience with a work permit
21 march 2017 apply and send i-765mail
28 march 2017 uscis (Arizona lock facility) then transfer to Nebraska received.
10 April 2017 received the receipt letter in the mail.
05 jun 2017 new card produced
06 jun 2017 I 765 form approved
07 jun 2017 mail my new card
09 jun 2017 got in mail approval notice
10 jun 2017 got my ead card in the mail at 11.57 before the regular ladies who does mail t 1.30
thank you all and I hope for everybody who’s waiting his or her card shall be patient and may god help them
bless you, Jason and everyone …
Thank you – this is pretty fast, and hopefully it will be the same for others. Take care, Jason
Hi,
I have some questions and I hope that you can help me. I leave in PA and in November 2014 they received my asylum application is June 2017 and I don’t know anything about it.
May 2015 applied for work permit and got that on June 2015
March 2016 applied for renewal and got that July 2016
Marc 2017 applied for renewal again and still waiting no updates at all.
Do you think that is normal?
Do you know how work the automatic extension and if that work also for my DLNA?
I’m so confuse!
Thank you so much,
Andrea.
You should qualify for the automatic extension of the old EAD once you apply for the new EAD. As for the delay, you have to check the Asylum Office Scheduling Bulletin to see who is being interviewed now. If they have passed your application date, you should email the local asylum office and ask about your case. You can find their email address if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi,
still not have the work authorization card yet, until today the 26 of June, I received a letter asking me for fingerprints to continue with my process, what I don’t understand is why they took so long for ask me that?, second, they never use my recepeit number to update my case, they are using receipt number starting with the Z and also the letter was sent to my old address and the recepeit for my work authorization was sent to my current address, so why they are using 2 different address if both letter are from the same federal office?
I do not know – It may be that the fingerprint are for the asylum (I-589) and not the EAD (I-765). The fingerprint letter should indicate that. I think you should just get the prints done and hope to get the EAD soon. If not, you can call USCIS (the phone number is on the website at http://www.usics.gov) or contact the USCIS Ombudsman for help with a delayed case (a link is at right). Remember that EADs can take 3 or 4 months, or sometimes more, so hopefully, you will have it soon. Take care, Jason
Hey!
I submitted my change of status in January of 2017. I’m changing my status from E3 holder to permanent resident due to marriage. I submitted the whole packet- I-130, I-465, I-765, advance parole, the whole shebang.
We have receipts for all forms, biometrics was done about 2 months ago and my husband and I had our interview on Monday May 1 which went fine.
I left my job 6 weeks ago and have not been able to work because I don’t have my EAD. However, I have a huge opportunity, work wise, which is being put on hold until I get my EAD, although I’m afraid that at some point, this opportunity might disappear because they won’t wait for me forever. On Monday May 1, I called USCIS and filed a case because my EAD is beyond normal processing time. It’s now 120 days and I still have 7 days to wait before the 15 day minimum time frame that I have to wait to hear back from them. I’m tracking my form through their site and it’s not changing at all. It still just says that it was received.
Is there anything more I can do to get the EAD through?
Should I call the ombudsman after the 15 days?
I can’t have this work opportunity pass me by because USCIS is taking their sweet arse time….
HELP!
Thanks!
Sorry, I can only answer questions related to asylum here. Also, I do not know of a way to expedite the EAD – maybe you can call USCIS and ask. Their phone number is at http://www.uscis.gov. The Ombudsman might help too, but usually it takes several months. Take care, Jason
I have question. I applied for asylum but I am in status on another visa. My 150 days is almost up and me and wife have not been called up for biometric. I hope this will not be issue when applying for EAD. Also since receipt notice indicates my name (though my wife was listed as dependent on application) she can for EAD using this even though it has my name right ?
Sorry Jason my 2nd question should read “can she apply for EAD using my acknowledgement of receipt of asylum application given that she is not name of the receipt(but was included in my application).” The first question though about biometric is most important to me.Thank you.
I doubt that the biometrics issue will be a problem, but you can email the local asylum office and ask why you did not receive a notice. You can find their contact info if you follow the link at right called Asylum Office Locator. As for your wife, she should be eligible for an EAD as long as she is a dependent on the case, meaning you checked the “yes” box on page 2 where you listed her name, and you included the required info for a spouse. Then you can use a copy of your receipt for her EAD application (and a copy for your own EAD application). Take care, Jason
You are a Jewel Jason.Thank you very much for your help.Its very very much appreciated !
By the way Jason.If I have a kid who is 12 and who I also entered on my asylum application can I apply for an EAD for my child.I heard from someone else that I should apply for an EAD for her even if she is a kid so that she obtains SSN even if she is too young to work. Also how long is it taking for a 1st EAD if you apply as soon as 150 days is up and if there is delay can we get a temporal paper work permit as the USISC website states.
I think it is up to you whether to apply for the EAD for the child. It is free, so there is no reason not to apply, and then she can get an SSN (maybe she can get an SSN without it, but you would have to talk to the Social Security Office). It usually takes 2 to 4 months to get the first EAD, and you cannot work legally until you get the card (the automatic extension is only for EAD renewals). Take care, Jason
I know a friend of mine working without EAD and her asylum case is pending. She is now scared to apply for EAD because she fears they might see she has been working already and will ruin her chances of getting EAD or even obtaining her asylum. What should she do? is it safe for her to apply for EAD anyway? Please help.
She should apply for the EAD. Working illegally does not block a person from getting asylum in the US. Take care, Jason
Hello Jason,
I had a quick question. My husband applied for a green card and working permit. We have done biometrics and have had heard nothing for 75 days so we call USCIS for a timeframe service request. The representative told us it would take about 15-30 days before we hear back from them. My husband got a job offer that we are on the verge of losing. Is there a way to expedite the process because of the job offer or should we just wait?
He can call back to USCIS and tell them about the job offer and ask to expedite. Frankly, I doubt it will work, but he can try, and I know of nothing else he can do. If he has asylum, and an EAD based on asylum, he can file for a new EAD also based on asylum and benefit from the automatic EAD extension – I wrote about that in a postig on January 25, 2017 – maybe that would help. Good luck, Jason
Thank you for your time and reply! I really appreciate it.
hey Jason, I am in pending asylum. I just moved to New place in same city. Can I change address online or file a paper form.
and another thing will I receive any other notice from USCIS after they send a confirmation for receiving I765.
File the AR-11 form (available at http://www.uscis.gov) directly with the local asylum office. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, you can file it on-line so that it is updated for purposes of the I-765. You may have to be fingerprinted for the EAD, but normally, the next notice you get is the approval for the EAD card. Take care, Jason
Hello,
i have applied for EAD based on I-485 since December 2016. Until today i did not receive a decision. On the mean time i have an asylum case. i got EAD based on asylum last year. Can i apply for renewal based on asylum with my ead based on I-485 is still pending?
You should be able to do that. Just apply using the category for a pending asylum case/asylum applicant. Take care, Jason
Thanks for your replay.
I have 3 questions
1- My first EAD based on asylum expired on JUNAUARY 2016, if I apply for a renewal does it extend automatically?
2- Does the approval of EAD depends on the back ground check? Should my back ground be cleared to approve my ead?
3- I heard aliens from middle east sometime got stuck in CAARP does it causes delay of EAD approval?
Please could you help me solving these questions
I have a family and we are facing a hard time
1 – I do not know; you will have to see what the receipt says; 2 – No, the background check normally has no effect on the EAD process; 3 – I am not sure what CAARRP is, sorry, Jason
sorry,JUNAUARY 2017
Just clarification
my I-485 is based on DV
It would be great if you answer me please
Hi Jason,
I need your help please my husband applied for his renewal EAD card almost three months ago but no response yet he did his biometric too can you please respond me thanks
If he got the biometric appointment, he should be fine. It normally takes 2 to 4 months to renew an EAD. Plus, these days, the EAD is automatically extended by 180 days when you get the receipt, so he should be able to keep working. I did a posting about that on January 25, 2017 that discusses the automatic extension. Take care, Jason
Hello,
Thanks for responding it back and you meant biometric receipt? Can he work with that ?
Plus I’m pregnant and We have a one year baby too I can’t work…is there any other way so he can work! Until he gets his card.
If you work unlawfully, it does not affect your asylum case. I know of no way for you to apply for a work permit prior to the 150 days. If you have a work visa, that might be one way, but to get one usually is not easy and takes longer than just waiting for the work permit through asylum. Take care, Jason
You need the work permit to work legally; not the biometric receipt. Take care, Jason
Hello Jason,how are you? my parents and I applied for an ead renewal pending our asylum case on Dec 14. we did it 90 days prior to expiration. We got a notice of recieval from uscis on the 19th. On the 27 dec, we got letters informing us that our case has been transferred to arlington due to high workload. We did not get any more info until the end of Feb when additional evidence was needed from my mom. It was sent, she got a reply and as of today when she checked her case status, her card has been sent out. My dad’s ead expired and he lost his job because he was yet to get a reply. He just got a letter last week asking him for additional evidence, progress yaay!!. I’m frustrated by the way, it’s been past 90days my card expired March 3rd, my drivers license also expired I lost my job. And I’m yet to get a reply. I called uscis and was told I still have two more months because cases are filed accordingly or something. What???? Our case numbers are in order. Let’s say my moms number ended with a 7, my dad’s number ends with 8 and mine 9. So I am confused as to why it is taking so long. I read that I can’t submit and inquiry until after six months What do you suggest I do? Right now my mom is the only one working, I am in nursing school completely stressed out. I am beyond frustrated. Please reply.
I did a posting on January 25, 2017 that might help. USCIS changed the rules, and now when you file to renew the EAD, your old card is automatically extended for 180 days. Also, it does seem to be taking a long time. Call USCIS (or make an Info Pass and go in-person) to inquire. You can find their number or make an appointment at http://www.uscis.gov. If that does not help, contact the USCIS Ombudsman, a link is at right. That office can help with delayed EADs. Good luck, Jason
Hello Jason,how are you? my parents and I applied for an ead renewal pending our asylum case Dec 14 and we did it 90 days prior to expiration. We got a notice of recieval from uscis on the 19th. On the 27 dec, we got letters informing us that our case has been transferred to arlington due to high workload. We did not get any more info until the end of Feb when additional evidence was needed from my mom. It was sent, she got a reply and as of today when she checked her case status, her card has been sent out. My dad’s ead expired and he lost his job because he was yet to get a reply. He just got a letter last week asking him for additional evidence, progress yaay!!. I’m frustrated by the way, it’s been past 90days my card expired March 3rd, my drivers license also expired I lost my job. And I’m yet to get a reply. I called uscis and was told I still have two more months because cases are filed accordingly or something. What???? Our case numbers are in order. Let’s say my moms number ended with a 7, my dad’s number ends with 8 and mine 9. So I am confused as to why it is taken so long. I read that I can’t submit and inquiry until after six months? What do you suggest I do?
Hi jason
My ead expired on 2/8. I applied for a renewal like for 2 weeks prior that date. (I know i was late)
They received my application on 2/1. 2/3 they transferred my case to another office. They sent me a letter saying something about 180 days extention which i didnt fully understand. They say some individuals under particulair category are eligi le for automatic expired ead extention of up to 180 days. They told me to go on their website to check which catigories are under this new rule. I found that my category c(8) pending asulym applicant is on the list. Am i still eligible to ligally work?
You are still eligible to work. The receipt automatically extended your EAD by 180 days. Take care, Jason
hi Jason ,
I got a mail saying USCIS received my I765 form and says it’s under process. how long should I wait for my EAD? I am on 179 days. will I get another notification? what steps should I take?
You may have to be fingerprinted, and it typically takes 2 to 4 months to get the EAD once you file (though it can be faster or slower). Take care, Jason
hi Jason;
thank you for your reply. they already did my biometrics. is that what you pointing out?
Yes, in my comment, I referred to fingerprinting and that is the same as biometrics. Take care, Jason
hi Jason ,
I got a mail saying USCIS received my I765 form and says it’s under process. how long should I wait for my EAD? I am on 179 days. will I get another notification? what steps should I take?
Thanks harry
Hi.plse I have filed a work permit application with uscis and it’s was denied. And the reason was my clock stopped bcose my case was move to differend court And I receive a new hearing date. I went to my new hearing date ( I mean master hearing) for pass 5 month can I now apply for new work permit??
You should be able to. Call 1-800-898-7180 and enter your Alien number (it is a computer who will answer the phone; not a person). After that, choose option 2, and if the “asylum clock” is more than 150 days, you can apply for the work permit. If the asylum clock is not moving, you need to contact the Court Administrator at your court. If you have a lawyer (and in court, you should have a lawyer), the lawyer can do this for you. If you do not have a lawyer, you have to call the court and ask about this or go there in person. There is a link at right called Immigration Court that has the contact info. Take care, Jason
hey jason
i applied for initial ead based on pending asylum and i live in california and its been pending with uscis for 10 days now
based on what you know or hear when can i expect them to actually start producing the card and approving the application ?
because based on what i read online about people applying recently based on pending case, I am almost 99% sure that i will have to wait until 25 or 30 days have passed with nothing happening and then call them so that things can move faster
thanks
We typically see EADs take between 2 and 4 months. You are not legally eligible for the EAD until 180 days after you filed asylum (though you can apply 150 days after you filed). Take care, Jason
Did you get your EAD by now?
How Long did it take for you to get your EAD
Hi my work permit is pending but my cousins work permit id comes however we applied same day what’s mean pending or its cancelation of my work permit? Plz reply
This has no meaning. Different work permits are processed at different rates. It is normal. If you are concerned, you can call USCIS to ask about the status of your case. You can find their number at http://www.uscis.gov. Take care, Jason
Hi Jason, I missed my appointment for biometrics for my asylum application…I request for it to be rescheduled since last year dec2016 and I haven’t gotten a reply yet..its been more than 150days and my attorney wants to go ahead with my EAD application… This is my question, can I be granted EAD even after missing my appointment for biometrics for my asylum application… Please ur reply would help me a lot… I can’t find sleep anymore… d struggle is too much for me am a single mom tryna survive… Thank you
I am not sure whether the EAD will work or not. I suggest you try going to the EAD appointment with the old appointment letter. We have done that many times for our clients and it has usually worked. There have been some recent changes to this process, and I do not know whether it will still work, but it is worth a try. If they refuse to take biometrics based on the old letter, go to the local asylum office, tell them the problem, and see whether they can help. You can find their contact info/office hours if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason, thanks for ur reply… I got a mail yesterday February 7th for my biometrics.. am goin to have it done tomorrow..Thank d Lord… just out of curiosity what d next step after d biometrics…like I said I submitted my asylum case in September and missed my first biometrics in October and I just got a reply since I rescheduled this February…can I go ahead and apply for my EAD? Since it’s been more than 150 days since I submitted my asylum application??Thanks for being there!
I think you should apply for the EAD. It is possible that missing the biometrics will affect this application, but I doubt it, and in any case, you have nothing to lose since the first EAD is free. After that, you have to wait for your interview. To get an idea about the wait time, check the Asylum Office Scheduling Bulletin – a link is at right. If you need to expedite the case (usually due to a health problem or family separation), you can contact the asylum office to ask about the procedure. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Ok, Thank you!
My husband received his work permit a month ago and I still havent received mine. I have tried checking my status online but my receipt number doesnt work on there. What should I do?
You cannot check your asylum receipt number online, but you should be able to check your work permit receipt number. If not, call USCIS to ask about the status of your application. You can find their number on their website, http://www.uscis.gov. If that does not work, you can also contact the USCIS Ombudsman (a link is at right), and they may be able to help. Take care, Jason
Hi Jason,
In most of your responds on others questions, you said that some states are quick about sending the work permit and etc, so I live in Brooklyn, New York. I applied for the work permit after 150 days of pending asylum. They got my application for work permit on January 17,2017 and I got a receipt on january 20. Does it really takes 30 days to get the work permit or it takes longer? Because i called USCIS a few days ago and they told me that if you wont get my work permit in 25 days, i should give them a call. So how long it takes to get the work permit in New York? thank you in advance
I do not know, but things seem to be moving a bit faster – one of our clients just got a work permit 27 days after he applied for it. Take care, Jason
Hello Jason. I am in USA and I have a parole, I am from nepal. I applied for my work permit in Chicago and it was denied. My attonery say court wants the storey of my asylum I have a already court date on april.it’s just show clock in web side when my attonery check it the webside What I can I do now? I need some advises. Thank you so much.
Once you file your asylum form (I-589) in court, the clock should start and after 150 days you are eligible to apply for your work permit. You can check the status of the clock by calling 1-800-898-7180 and entering your Alien number (it is a computer answering, not a person). Follow the instructions and push “2” to hear how many days have passed on the clock. Take care, Jason
Hello Jason. I am in USA and I have a parole, I am from Cuba. I applied for my work permit in WA and it was denied. I don’t know the reason of that. What I can I do now? I need some advises. Thank you so much.
If you received a denial letter, it should give a reason (sometimes, it is hard to tell the reason, as they just mention a section of the law). Show the letter to an immigration attorney, and maybe the attorney can advise you how/if to re-apply, or what to do. Take care, Jason
Hello
On January 3rd on the USCIS website stated that my EAD card was mailed to me. After patiently waiting and waiting it became worrisome as to why it is taking so long to get to me after it was mailed and it is a priority mail. Yesterday I called uscis office and they gave me a tracking number which stated that it was delivered Jan 5th!!! I was home that day and I know I check the mail box and I didn’t see anything. I went to the post office and they’re saying it was delivered in the mailbox. No one in the apt has it and it cannot be found. I see a lot of people have this issue but I need to know what I should do because I would have to pay the fees for that replacement card and do over biometrics which I am just tired of everything right now. What should I do? Or if anyone had a similar case and eventually found their card please share your story.
Maybe it was sent the wrong address. Are you sure that USCIS had your correct address? If you have to re-file, you will have to pay the fee again (and fees went up in December 2016). If you cannot afford the fee, you can ask for a fee waiver using form I-912, available at http://www.uscis.gov. Maybe that would at least help you avoid the additional fee. Take care, Jason
Hi Jason,
On form I-765 question 11 asks for previously issued EAD’s dates, I had 1st EAD issued in April, 2015 and than 2nd (renewal) in May, 2016, my question is I’m applying 3rd time i.e. for 2nd renewal now, which date do I mention in question 11? first or the second?
Probably the most recent EAD (the second EAD). You can mention both, if you hand-write in the information, and this may not be a bad idea, as then you are providing a fuller answer. Take care, Jason
I have a pending asylum case. I have applied for an EAD following the 150 days required period.. My son as a derivative of the case also applied for a work authorization. We have applied on the same day. As per the online case status website, mine was approved. My son’s, however, still at the receipt notice stage!
Should I worry or it is normal for USCIS to process applications of the same family separately?
Regards
It is pretty normal to see this. It typically takes 3 or 4 months to get an EAD (in some parts of the US it is faster), and so if he does not get his in that time frame, you can call USCIS to ask. Their number is on their website, http://www.uscis.gov. Take care, Jason
I dont know why my first blog was not shown here. I came here in US as student. I got my OPT and then H1b. But now i have applied for asylum. After 150 days i applied for EAD with my wife where i was principle applicant. Although we applied at same time but my wife’s card has been mailed to us (not received yet) but there has been no movement of my application since My case has been received by USCIS.
Thanks
Rick
There was a problem with the blog for a few days and some comments were lost. It normally takes 3 to 4 months to get the EAD where I am (East Coast); some parts of the US are faster. You can call USCIS to inquire about your case. Their number is on the website http://www.uscis.gov. Take care, Jason
Hello Jason,
I have received my receipt notice few days after the USCIS received my application for Employment Authorization Card. Unfortunately, they made a mistake on my first name on my receipt and I called them right away to notice it. Yesterday January 3rd 2017 they finally made the necessary correction and updated my case status as : Your name was changed. However, I got also an email informing me that my case is in his initial review. It seems that I have two statuses. Do you think the correction that O requested could delay the process to get my card earlier? On November 29 they received my case, on December 6th I asked for correction made on the receipt and today it gets done. I’m really impatient for that Card.
I do not know whether the correction will affect the timing of receiving the EAD. These things are very unpredictable. Maybe it will slow it down, but maybe it will make it faster (since they were paying attention to the case). We see EADs take 3 to 4 months, but some parts of the USA seem to be faster. The good news is that the cards are now valid for 2 years instead of one. I hope you get it soon. Take care, Jason
Hi Jason,
I applied for my EAD ON 6dec in NJ still not received any acknowledgment form USCIS My attorney ask me to wait for 30 days please advise
That is reasonable – especially given that the holidays just passed, it may take USCIS a bit longer to send the receipt. Take care, Jason
Hi Jason
Regarding the EAD, USCIS has published a final rule, to take effect January 17, 2017, It “gives” by automatically extending for up to 180 days for EAD application based on receipt, but this 180 starts from the day USCIS issued the receipt for the renewal application and not for the date of the card expiration. The regulation “takes away” a prior regulation that had required issuance of an interim work card if USCIS takes longer than 90 days to adjudicate a work authorization request. Now applicant requesting a renewal must wait as long as USCIS needs to take for adjudication.
Hi Jason
Regarding the EAD, USCIS has published a final rule, to take effect January 17, 2017 which is gives an automatically extension for 180 days based on a receipt, but this extension is not from the date that the card expired but from the date that USCIS issued the renewal receipt, so technically instead of having 120 days to renew your card , It will be 180 days, but in the same time they are taking away the 90 days to adjudicate a work authorization request. Now applicant requesting the card must wait as long as USCIS needs to take for adjudication.
Thank you for the update. They announced this a long time ago, but I had not heard that they were actually (finally) implementing the change. Take care, Jason
I applied for my EAD,and the date says 2nd November 2016,and on the 5th of December,it changed to ur card is been produced,the next they its been mailed,the next day is been picked up by usps..with the tracking number…the next day it got to my mail….it got to me on 9th of december
Thank you for letting us know. I have been expecting the EAD process to speed up, and it seems that we are hearing from several people who got their EADs quickly. I hope this is a trend for everyone. Take care, Jason
Lucky you! Mine was received on November 21st and still no change on the case… I have a pending job offer and I’m afraid that I might miss it because of the USCIS delay. I am biting my nails.
Hello everyone .
I just wanna give a quick update that I am living in Texas and as this article says , I’ve got my EAD in less than 3 weeks , I have applied on 21 September and received the approval on 16 November , After couple days ( 5 days i guess) I received the EAD card by mail , However my lawyer told me its better if I do not apply after 150 days and wait until the 180 days passed.
There is not reason to wait for 180 days – a person is allowed to apply after 150 days have passed. Take care, Jason
I have 90 days since my daca has been accepeted but i haven’t received my work permit…what can i do?
I do not know much about DACA, but maybe call USCIS to ask. Their phone number is on their website: http://www.uscis.gov. Take care, Jason
Is that true that EAD is given for two years.
As of October 2016, all EADs for asylum pending should be issued for 2 years. Take care, Jason
Hello Jason! I applied for ead renewal, but it seems I won’t receive a new ead before my old one expire, job not a problem, but in my line of work (long haul truck driver) some times I need visited areas near southern border which means very often deal with border patrol and ours EADs serves as proof of legal presence in us, beside the advise don’t come close to Mexico, any other ways to secure myself from being put in immigration jail?
You can call USCIS and ask whether they can expedite the EAD (the number is on the website http://www.uscis.gov). Probably, this will not help, but it might. Also, keep copies of your asylum application and your receipt for the new EAD with you. The problem is that none of this prevents them from detaining you if they want to, but normally, if you have this evidence, they should have no reason to detain you. Take care, Jason
Dear Jason,
Thank you for the nice blog.
I have applied for my initial EDA based on pending asylum case. My case says that THE CARD MAILED TO ME on November 9. Today is November 16 and I have not got my EAD yet.
My question is how long it takes the card to be delivered ? They have not provided me with tracking number.
thank you
As long as they have your address, you should be ok. Sometimes, the message is posted online before the card is actually mailed. It might take another week or even two to get the card. Take care, Jason
i went to a lawyer to fill out and send out my renewal application on May 16, 2016. it is now November 16, 2016. 6 months and i have gotten no news whatsoever, not even a receipt number to check my case is there anything i could do? already went to my lawyer but wasn’t much helpful. i have been jobless and to sacred to drive with an expired license. please any information helps.
Something is clearly wrong. It usually takes under 1 month to get the receipt, and then you get a fingerprint appointment. Also, you should be eligible to apply for the work permit now. Your lawyer should assist with this. If not, that is a major problem. You should find a new lawyer and report your old lawyer to the bar association for discipline (and ask for a full refund). One thing you can do is contact your local asylum office to see whether your case is pending there. You can find their contact info if you follow the link at right called Asylum Office Locator. If the case is not pending, your lawyer should explain to you why not, and then help you. Take care, Jason
Hello, Jason. The authorities from my home country just started an investigation about me about a month ago. I heard the news from my family. They also did the ‘interpol’ thing, the collaborative teamwork with US authority about me.
I applied for social security number based on EAD granted. But I am afraid that the US authority won’t give me the SSN. Do you think that the criminal investigation from the international police thing will prevent me from getting the SSN? If I don’t get the social security number, I have no way but go bac because I cant’t make living here.
I do not know, but I doubt that an Interpol investigation will block you from getting a SSN. Anyway, you will try to get it and see what happens. If they say no, you may want to hire a lawyer to help you. Take care, Jason
Hi, Jason,back to the old old EAD issue again I have to renew my EAD this year again, and I have couple questions :
1. I file my I-765 120 days ahead, according to my previous years experience, I should be able to receive approval EAD around 90 days, so does it make an overlap period between old EAD valid period and New? My EAD will expire 04/05/17, and I will file renewal on 12/05/16, then ideally I should get new one around the end of Feb, does the new one valid start date from Feb, 2017? Then makes over one month overlap period, or it starts 04/06/17?
2. Do you think the new presidential administration may cause any delay on EAD renewal process?
Thank you very much Jason!
1 – I am not sure, but if I remember correctly, they will start the new EAD on the date the old EAD ends (but I could be wrong – I haven’t looked at that for a while); 2 – If they shift resources away from immigration benefits, it could cause delay. I believe we will remain under Obama’s budget for a while, so this may not be a factor in your EAD renewal, but I am not sure. Take care, Jason
Thank you very much Jason!
Hi Jason,
I applied for my initial EAD in mid September,and was approved in mid october 17, the case status has changed to new card is being produced for 3 consecutive time, what is going on on your opinion? is it normal? the last update was yesterday Nov. 7th.
Thanks alot.
It sometimes takes several weeks to get the EAD after the message is posted online. If you do not get it soon, call USCIS and ask. The number is on their website, http://www.uscis.gov. Take care, Jason
Hi Jason, I moved to the USA on a B1 visa with my wife and kids, and immediately applied for asylum on political grounds. My 2 children are under the age of 9; and we are staying with a relative. I have a valid SSN number that l obtained in 2000 when l was here on a F1 visa before going back to my country in 2004. The SSN is written Only Authorised to work with DHS …,
Anyway here is my problem, l am out of Money and my relative is under financial problems, we may find ourselves on the road/homeless. Its been over 60days from the time we applied for asylum, can l
1. Get an E.A.D card earlier because of my children’s age
2. If l work using my old valid SSN and they e-verify me, will that affect my asylum case.
I am really desperate and l cannot stand looking at my wife and kids and failing to provide for them basics.
Before fleeing my country l was a company executive but had to leave everything including my savings and l cannot access my money in my home country because of government restrictions
1 – no, unless you can change to a different visa status, like H1b; 2 – If you work unlawfully, it should have no effect on your asylum application, though potentially, your employer could get into trouble or it could affect your ability to change to another type of status. You may want to contact a non-profit, like Catholic Charities (there is one in almost every city) to see whether they have any resources to help you. Good luck, Jason
Hi Jason,
I have applied I-765 based on pending asylum case and They sent me a receipt notice on September 2nd. I know that after 30 days from the date of receipt, I can apply for interim EAD, so I tried to make an infopass appointment, but I have failed to make an appointment for more than weeks. The infopass website says to me that the schedule is full and come back later – for more than 3 weeks!!
I figured out that something went wrong and I went to USCIS Field Office in my area today and asked about infopass appointments. The desk says that it is simply because the Field Office is just way too busy and I have no way but to wait until I finally make an infopass appointment – of course, no one knows exactly when I can make an appointment.
Is there anything I can do?
Do I need to wait forever?
I can’t get a job I can’t work. I am living homeless.
I came to USA for political freedom, but I guess political freedom in USA means being starved and homeless?
As far as I know, USCIS no longer offers an interim EAD anywhere in the US. At least they do not offer it where I live. If you work without permission, it does not affect the asylum case. The situation is quite difficult though, and hopefully, you will have the EAD soon. Take care, Jason
How in the hell can I work without work permit? Well, maybe some 20 years ago when regulations were quite loose, but not now.
It’s a very good question. We see people who do babysitting or construction or restaurant work. Other people start their own business and get a tax ID number. But it is certainly not easy. Good luck, Jason
Hello, again, Jason.
Can you tell me what was the most delayed period to get the first I-765 granted and get the first EAD? Have you seen the EAD issued much later than 8 month, or even a year?
If the grant is delayed, how long does it usually take for applicants to receive the EAD for the first time? 5 months? 6 months? or even 8 months?
We see EADs take about 4 months. If it is longer than that, you should contact the USCIS Ombudsman – a link is at right. I do not recall a case taking much longer than that, except when the card gets lost in the mail or if there is some other problem like that. Take care, Jason
I hear that USCIS no longer issues an ‘interim EAD’, which lasts about 8 months.
If the first EAD I’m getting is not an interim EAD but a ‘normal EAD’, how long does the first EAD allow me to work before expiration? 8 months? or 12 months?
Take care
I think that is correct – there is no more interim EADs. The EADs for asylum pending last for 12 months. Take care, Jason
I hear that pending asylum needs an ‘Advance Parole’ to travel outside USA. I hear that the Advance Parole acts like a visa to the USA, which grants my return to the States.
So, if Advance Parole acts like a visa, what about ‘passport’? Do I have to use my passport from my home country where I fled from?
You need both passport and visa to travel in and out of any country. If Advanced Parole acts like a visa, which one performs a role of passport?
To travel using Advance Parole, you need your passport also – and this can be a problem for asylum seekers since they may be claiming that they fear their home government, the same government that issued the passport. This is something you may want to discuss with a lawyer since it is very case specific. Take care, Jason
My passport from home country expires in 2024, so I can use it for the time while my asylum case being processed, without re-visiting the consular office from my country.
You can, but keep in mind that there is some risk to your asylum status if you use the passport from your country.
How were you doing, Jason. I got an update on my I-765 status ; it goes like this – On October 4, 2016, we ordered your new card for Receipt Number LIN**********, and will mail it to the address you gave us. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
As you can see, it is October 4, 2016. So now they say they ordered my card to be produced. At this moment, can we expect to receive the new card within just few weeks? Or as you’ve told me before, another some 2~3 months from this moment alone?
I expect you will have it in days or weeks. Take care, Jason
Hello, Jason. How are you doing?
I hear the unfortunate news that the EAD based on pending asylum cases take far much longer than the usual EADs based on student visas, etc. So I hear that the EAD based on pending asylum cases take as much as a year or even longer than 1 yr.
Is it true that EADs based on pending asylum cases take far much longer than the 4 months?
I have not seen that. They normally take 3 or 4 months (probably closer to 4 months), but I have heard that in some places, like California, it is faster. Also, EADs for pending asylum will now be valid for 2 years instead of 1, and so that means that USCIS will have less applications to process, and hopefully, this will make things faster. Take care, Jason
Hello, Jason. As I mentioned above, I got the message saying that , “On October 4, we ordered your new card for the receipt number LIN********, and we’ll mail it to the address~”. It was October 4th. It is already over 2 weeks from October 4th. I have done the research about people who got the kind of message that I got above, and it usually took no more than 10~14 business days for them to finally get the EAD card after the messages. However, it is already over 2 weeks for me and I am getting no feedback at all. They say that they ordered my card and it take over 3 months just to print and deliver the card from the date they ordered my card?
There is no time frame, but I think most of our clients get the card fairly quickly. Maybe in a week or two. Others wait a month. But since you are concerned, why not call USCIS to ask: The phone number is on the website http://www.uscis.gov. Take care, Jason
Also, EADs for pending asylum will now be valid for 2 years instead of 1 >>>>>>>>>>
As far as what I’ve heard, it’s only the DACA that permits 2 years of employment.
Did the USCIS and Congress change the policy of EAD? I have heard that the American Immigration Lawyers actually did suggest such a legislation to the Congress, but I haven’t heard that Congress really passed such as legislation.
Congressional action is not needed to change the validity of the EAD. I believe it was just a regulatory change by USCIS, and my understanding is that it applies to people with pending asylum cases. Take care, Jason
How are you Jason?
I finally got the EAD. It was just 1 yr period.
By the way, if I go back to my home country because the political circumstance is changed, can I still come to USA? I mean, as a tourist, or for temporary working visa? Would USA ban me from entering the US border, or from the US airport?
The political circumstance in my home country varies frequently and I may come back if situations get better and if I feel safe to go back.
If you return to your home country and later try to get a visa, the asylum case will make it more difficult to get certain types of visas (tourist, student), but may make less (or no) difference for other types of visas, such as H1b, L, A, or G. Take care, Jason
Hello, Jason. Thanks for your help.
By the way, as far as I know, USA is adopting ‘territorial principle’ in legal practice. So, if non-US national threatens his foreign government for political reasons in US soil, he would be punished in US laws?
I threatened my home government in US soil by telephone and internet for political reasons. I am afraid that I would be punished by US laws, not by laws from my nation.
The authorities from my home country suggested me that they would not punish me if I come back and cooperate with them. A kind of plea bargain.
I want to continue political activity here in USA but if I would be punished here, there is no reason for me to stay here – political asylum flees from his country to avoid punishment, if I would be punished here, why should I stay here?
I do not know about this, but I imagine if you are threatening violence, you could get into trouble. If you are threatening peaceful activism, I do not see why that would be a problem. Take care, Jason
did you finally get your EAD?
I got it finally. I guess I was really lucky. However, I still can’t get a job though. It’s because I don’t have a Social Security Number yet. I went to SSN office, and they told me that they need to verify the documents such as passports, name if they match with my information on DHS, the Department of Homeland Security. The verification itself takes about 4 weeks according to the office. I am waiting for the decision.
Hi Jason,
My wife had applied for asylum 2 years ago while I was outside the U.S. Her application is still pending. Now she’s filing to add me to her application as dependent. Will I have to wait 150 days to apply for EAD?
Thank you
If you are in the US, you should be able to file for the EAD as soon as you are added to the case (assuming she is eligible to apply for the EAD). Take care, Jason