The Office of the Citizenship and Immigration Services Ombudsman recently released its 2015 annual report to Congress. The report discusses all aspects of USCIS operations, and provides some new information about the asylum backlog and the government’s efforts to improve the situation.
You may already be familiar with the Ombudsman’s office–they are the ones who provide individual case assistance to affirmative asylum seekers and other USCIS “customers” (as they are called). They are also tasked with improving the quality of USCIS services by making recommendations to improve the administration of immigration benefits. The annual report includes these recommendations.
In this posting, I want to discuss a few of the report’s findings that relate to asylum. Also, I will discuss the steps USCIS is taking to address the asylum backlog, and some recommendations for future improvements.
First, some findings. The report summarizes where we are now:
A substantial backlog of affirmative asylum applications pending before USCIS has led to lengthy case processing times for tens of thousands of asylum seekers. Spikes in requests for reasonable and credible fear determinations, which have required the agency to redirect resources away from affirmative asylum adjudications, along with an uptick in new affirmative asylum filings, are largely responsible for the backlog and processing delays. Although USCIS has taken various measures to address these pending asylum cases, such as hiring additional staff, modifying scheduling priorities, and introducing new efficiencies into credible and reasonable fear adjudications, the backlog continues to mount.
All this, we already know, but here are some numbers: At the end of FY 2011 (September 30, 2011), there were 9,274 affirmative asylum cases pending before USCIS. By the end of December 2014, that figure reached 73,103—an increase of over 700 percent (by May 2015, the number had grown to over 85,000 cases).
Probably the main reason for the backlog is the large numbers of asylum seekers arriving at the Southern border from El Salvador, Guatemala, and Honduras. When someone arrives at the border and requests asylum, an Asylum Officer gives the applicant a reasonable fear interview or a credible fear interview (if the person “passes” the interview, she will generally be sent to Immigration Court, where a Judge will determine whether she qualifies for asylum). In FY 2011, there were a total of 14,627 such interviews. In FY 2014, there were 60,085 – a four-fold increase. The Ombudsman notes that, “Various factors have contributed to this rapid rise in credible and reasonable fear submissions, including widespread crime and violence in Central America, where a majority of the applicants originate.” The report continues:
These substantial increases demand considerable USCIS personnel and resources. For example, many Asylum Offices now send officers to various detention facilities around the nation to conduct credible and reasonable fear interviews. Such assignments deplete resources previously dedicated to affirmative asylum applications.
Another reason for the backlog is that the rate of new affirmative asylum filings has grown. “In FY 2011, asylum seekers filed 35,067 affirmative asylum applications with USCIS.” “In FY 2014, asylum seekers filed 56,912 affirmative asylum applications, a 62 percent increase.”
In addition, between September 2013 and December 2014, the number of “Unaccompanied Alien Children” with cases before USCIS increased from 868 to 4,221. These cases receive priority over backlogged adult applicants.
So what has USCIS done to address the delay?
First, the Asylum Division has been hiring more Asylum Officers. In 2013, there were 203 officers; by January 2015, there were 350, and the Asylum Division has authorization to elevate its total number of Asylum Officer positions to 448. Unfortunately, Asylum Officers do not stay in their jobs very long. The average tenure is only 14 months. One reason for the low retention rate may be that the Asylum Officer position does not have great promotional potential. Salaries start in the low $50-thousands and max out at less than $100,000. By comparison, lawyers who work in other areas of the federal government can earn more than $150,000 per year (and salaries in the private sector can be much higher).
Second, starting in late December 2014, USCIS now interviews cases on a “first-in, first-out” basis, meaning that the oldest cases are interviewed first. There is concern that such a system will encourage people to file frivolous cases in order to get a work permit while their cases are pending, but so far, we really do not know if that is happening.
Third, in May 2015, USCIS announced that it would begin publishing estimated wait times for asylum interviews at the different Asylum Offices. Supposedly, they will provide an approximate timetable—roughly a two to three-month range—within which the interview will take place. We have been hearing about this idea for some time, and hopefully, USCIS will post this information soon.
Finally, “USCIS has implemented a range of policy and procedural changes in the credible and reasonable fear contexts that have had the effect of shortening case processing times.” For example, more interviews are conducted telephonically, as opposed to in-person, which helps save the Asylum Officer’s time. Of course, shortcuts potentially affect the quality of the decision-making, and USCIS is monitoring this. Personally, given that the large majority of applicants “pass” their credible and reasonable fear interviews, I think it would save time to eliminate the interviews altogether, and allow anyone to submit an asylum application and go directly to court.
The report also lists two ways to potentially accelerate the interview date: (1) interview expedite requests; and (2) interview “Short Lists:”
First, each Asylum Office accepts and evaluates requests for expedited interviews, granting or denying those requests based on humanitarian factors, such as documented medical exigencies, as well as the Asylum Office’s available resources. Depending on the Asylum Office, applicants may make these requests in-person or via email. Some Asylum Offices also maintain Short Lists, containing the names of backlogged applicants who have volunteered to make themselves available for interviews scheduled on short notice due to unforeseen interview cancellations or other developments. Backlogged applicants may wish to contact their local Asylum Office to inquire about the availability of such a list.
I discussed these ideas, and a few others, here.
Lastly, I want to briefly discuss the report’s findings related to delays obtaining Employment Authorization Documents (“EADs”). The main point of interest here is that the delays are seasonal. For various reasons, EAD applications filed during the summer months take longer. This means–if possible–try to file for or renew your EAD outside the busy season. To me, there is an easy solution to this problem, at least as far as asylum seekers are concerned: USCIS should make the EAD valid for two years instead of one, or better yet, tie the EAD to the asylum application, so it is valid for the duration of the case. I have discussed problems and suggestions for improvement in the EAD process here.
Perhaps it provides some comfort to asylum seekers to know that the U.S. government is trying to reduce the backlog and move their cases along. If you are interested to learn more, take a look at the full report.
Dear Jason,
On 28 July, 2016 After 75 days, they changed my status to Request for Aditional evidance, I didnt receive any letter for RFE. On 31 May they tranfered my case to Nebraska. But yesterday 02 Aug, 2016 they transfer my case to another office that has jurisdiction.
USCIS seems to be transferring cases around a lot lately. This is probably related to their work load in different offices; not specifically to your case. If the website indicates that you will be getting an RFE (request for evidence), you should receive that in the mail soon, and then you can respond to it. Take care, Jason
Dear Jason,
After 150 days of my notice of Asylum I applied for work permit. After 75 days my wife status updated to “New card is being produced”. But my status updated to “Request for Additional Evidence Was Mailed”. Can you give me any opinion on this issue.
Maybe you forgot to include something in your application for the EAD. Once you get the letter, you will know and you can respond. If you respond quickly, the delay should not be very long. Take care, Jason
I have a TPS approved EAD which is expiring September 2016 and a pending asylum case – I did not apply for EAD based on pending asylum yet, but I plan to do that.
If I apply: it may affect my TPS EAD? Or I can apply and just renew my TPS without EAD?
I was living in LA and moved to NYC based on job, so I had to transfer my case – my lawyer was telling that the clock is stopped now. How can I know the days? I file for asylum based on date of receipt 03/03/2015 and I send them my AR-11 on September 1 /2015 which if we count is 181 days.
Can you advise please
ThNk you
You can apply for an EAD based on asylum and/or TPS. The first asylum EAD is free, so if you want to do that, you can apply for it and see what happens. If you did not change address until 180 days, you should get the EAD. If you want to find out whether the clock is stopped and how many days have passed, you have to contact your local asylum office – contact info can be found if you follow the link at right called Asylum Office Locator. However, they may not respond, and there is not much to lose by applying – if they deny your EAD, they will explain to you about the clock. Also, moving your case should not stop the clock, as the rules have (supposedly) changed – this is another reason to apply for the asylum EAD. Take care, Jason
Hi jason,i appreciate the advice you give on this forum,my Ead notice date shows 4/13/16,was sent to nebraska on 4/25/16 and since no update recieved but surprisingly my friends who got theirs processed via texas got it in time and even faster,is it possible to apply for future EAD’s via a texas address to avoid this delay,i live in the district of columbia
You have to mail it to wherever the I-765 tells you to mail it; you cannot choose. Some parts of the country seem to get their EADs faster than where you (and I) are. There are changes coming to the EAD process that will likely make the system better overall, and hopefully the changes will be implemented by the time you apply again for an EAD. Take care, Jason
Hello Jason,
My wife and I have applied for asylum, receipt was Feb 26, 2016. We were going to submit application for EAD July 25 (150 days rule). Would you please provide us with the required documents to submit with the form I-765 for me and for my wife.
Thanks in advance
Sorry – I cannot provide such specific info. You need to read the instructions to the I-765, which are available at http://www.uscis.gov. take care, Jason
Hello Jason,
My husband and I have applied for asylum, receipt was Feb 4, 2016. We were going to submit application for EAD July 4 (150 days rule). However, our lawyer said to wait until Aug 4. Lawyer’s excuse is she does not want EAD application to get denied.
Based on your experience, do you think we should apply for EAD as soon as possible and not wait until Aug 4?
Thanks in advance!
We usually submit it after the 150th day and that has not been a problem for us in the past. I do not see why you cannot submit it now. Take care, Jason
Applied for EAD on 06/13/2016
Approved on 07/09/2016
Card mailed on 07/12/2016
Texas center
I like this forum so thought of updating every one.
Hope this helps
Impressive. If only all cases went this fast. Take care, Jason
Hi Jason,
I’m just about to apply for my EAD renewal under a Pending Asylum Application, (c)(8), and I was wondering if there’s a way to waive the fee based on my income? Or I have to pay it anyway?
Thanks,
I am not sure, but if it is possible, you would use form I-912, available at http://www.uscis.gov. Check the instructions to see whether the fee waiver applies to EAD applications (form I-765). Take care, Jason
Hi Jason, I have a friend that filed the I-765 (employment authorization) before the 150 clock days, specifically she did it at the 148 days and the employment authorization was denied, in the denial letter from USCIS said that she may file for a motion to reopen or reconsider (I-290B), my question is if she is better off just refiling the I-765 or she must to appeal with the I-290B?
The I-290B is expensive and takes a very long time. In addition, USCIS was correct to deny the application (as she filed too early), so there is no point. She should file a new I-765. She will have to mention that her first application was denied, and explain why, but this should not be a problem, and she should receive the card in a few months. Take care, Jason
Hi Jason,
I have SSN, I have applied EAD as my asylum application is pending
I applied for my new EAD but it has not approved yet for 2 months
but I am working in same place(as I used to work when I had EAD card) with my same SSN so is there any problem for new pending card? Please I need your advice.
You are not allowed to work without a valid EAD, but if you do work without permission, it does not affect your asylum case. There may be some risk to the employer, but once you get the new card, that problem will be solved too. We are seeing people wait up to 4 months for the EAD, but others get it sooner. Take care, Jason
Thanks Jason for your kind information.
Hi Jason,
Thank you for all these information, and all your efforts, this is actually the first time I see this website and I loved it!
I wanna share my EAD experience (depressing experience) .
I sent my I765 on Mar 30th.
April 01st : I765 received by USCIS (Texas service center).
April 4th :case was transferred to vermont.
April 18th: case was transferred to Nebraska service center.
May 4th : I called USCIS customer service center and an SR was assigned.
May 09th :They sent me a response to wait 60 more day, and at the same day my SR was closed.
And I’m still waiting….. I actually called my attorney and he said that the EAD is taking longer :110-120 days 🙁 , however I have a friend who applied for a work permit under the same category (c8) and he got it in 30 days.
This is so unfair, to stay ( one year) since I field my asylum case without a job.. don’t they know that we are human beings and we need to eat, have a house, pay bills , call our families..
I need you advice please, do you recommend contacting a senator or congressman is a good idea especially because I reached the time frame limit, BTW I read a lot of successful stories from people who got help from there local senator or congressman.
Please note that all the dates I mentioned are the same exactly for my girlfriend because we applied at the same day.
It’s better to contact President Obama instead of Senator or Congressman that might speed up the process once and for all. I heard President Obama approval rate is high nowadays.
Kindly, share the process to speed the processing of EAD and approval rate.
Are you serious ? I couldnt find any link to submit a request to President Obama or are you just suggesting just trying our luck on his facebook/Twitter Account ?
Dear Friend,
Thank you for your message. On behalf of President Obama, we
appreciate hearing from you. The President has promised the
most transparent administration in history, and we are committed
to listening to and responding to you.
In order to better handle the millions of electronic messages
we are receiving and respond more quickly, we have implemented a
new contact form on our website:
http://www.whitehouse.gov/contact/
Please note that this web form has replaced
comments@whitehouse.gov. That email address is no longer
monitored, so we encourage you to resubmit your message
through the link above. Thank you for using the web form and
helping us improve communications with you.
Sincerely,
The Presidential Correspondence Team
Please note that I received this email form The Presidential Correspondence Team. Hope that answer your question.
I’d be very surprised if this helps, but if it does, please let us know. Thank you, Jason
My opinion is that the Congress/Senate offices are not very useful, and for the most part, when people get a result after contacting those offices, it is a coincidence. However, I think there is no harm in asking them for help. Most EADs seem to take about 4 months, and you have not yet waited that long. My guess is that you will have the EAD by late July or early August. Some people do get the EAD faster, but that is not the norm. It is a huge problem, and once you have it, make sure you renew your EAD 120 before your card expires, to avoid having any gaps in your EAD. Take care, Jason
You have to be patient like everybody else. It takes 3 to 4 months to get an EAD. No need to contact anybody, just be patient.
Good luck.
I sent allocation may 23th and I haven’t get any letter from uscis I wonder if you got any news from your case. Good luck
I applied for EAD card on May 09/2016, after 150 days, got a receipt notice on May 11, then it was transferred to Nebraska office for speed up processing, it’s been more than a month now since it was transferred to Nebraska, I really need it as soon or otherwise I will lose a very good job offer, has anyone tried the premium processing thing ? can I request it now ? please help…
thanks in advance
It takes 3 to 4 months to have the EAD issued in nebraska. So you will probably have to wait at least 2 more months. That’s what is happening to almost everybody. Good luck.
Dear Mimi & Alex:
Thank you for your kind information.
My situation same as Ms. Mimi. After reading this forum my hope is all gone another 4 month without a job I will be dead by then, because of without house and food.
I think I should go back home because it’s better least my death will quicker than this. Because all I have to take one bullet in my chest.
Good luck everyone!
With kind regards,
Rocky
Sorry but don’t be too discouraged. 4 months will arrive fast. Time flies. Good luck!
Thanks Rocky and Alex,
We have no options except wait and hope for the best, going back home is not an option, we gonna literally die there ! that’s why we have applied for asylum !
Best
Mimi
If you work without the EAD (for cash), it generally has no affect on your asylum case. Many of my client work “illegally” to survive, and I do not blame them. Maybe the work is not ideal, but it can keep them going until they get the EAD. Also, there are charities that can help. You may want to go to your local Catholic Charities office (they are in most major cities). Maybe they can direct you to some resources so you get help. Good luck, Jason
thanks for advise !
There is no premium processing for EADs (unfortunately). We see these cases take up to 4 months, but some people get them in a month, so hopefully your EAD will come soon. I suppose you can call the 1-800 number and ask them to expedite, or make an Info Pass appointment and go there to ask, but I do not think these really work (though there is no harm in trying). You can find the number and the link for an appointment at http://www.uscis.gov. Good luck, Jason
I called USICS Nebraska service center 800 375 5283 in regards to EAD application status based on (C) (8), However they respond below mention:
The status of this service request is:
U.S. Citizenship and Immigration Services (USCIS) records show that your case is currently pending adjudication. However, we have had to perform additional reviews on your case, and this has caused a longer processing time.
We hope this information is helpful and appreciate your continued patience.
I do not know why, but typically it takes about 4 months to get an EAD. If you are outside the processing time, you can make an Info Pass appointment (at http://www.uscis.gov) to try to find out more, and/or contact the USCIS Ombudsman to inquire (a link to the Ombudsman is at the right). Take care, Jason
Dear Mr. Dzubow:
Thank you for your advice if there is any luck will share with everyone:)
With kind regards,
Rocky
I had to move from the east coast to the midwest to afford the housing bill, I told the USCIS that I’m moving, then they sent me an electronic notice that my application is transferred from Nebraska to somewhere else, this is gonna be the second transfer for my I765 application, and It’s been 2 months now since I have applied for EAD card, Mr DZubow, do you think these two transfers will delay the process more ?
Hopefully not, but they might cause some delay. Many cases – even for people who keep the same address – are transferred to Nebraska. This is due to internal procedures of USCIS, and is not related to the cases, so that transfer may be unrelated to your move. We are seeing people wait about 4 months for an EAD. Take care, Jason
Dear,
For people who are facing delays in new EAD and have filed asylum case. If you have submitted your New EAD I-765 application after 150 days and and within 30 days you have not received a decision of receipt of a properly filed EAD application on or after Jan 4, 1995, you can get an interim EAD (valid for 240 days) by appearing in person at a USCIS local office. You must bring your proof of identity and any notices that you have received from USCIS regarding your EAD application, such as EAD application receipt notice.
As far as I know, this process (interim EAD) is no longer available. We have had clients try it with no success. However, it may depend on which USCIS office you go to. If you have luck, please let us know. Thank you, Jason
Good day. I have applied for EAD since on the 3rd of June by my lawyer and up till now we haven’t received acknowledgement notice that indicates if my application for EAD has been received. I am kind of worried because I read how people get their notices 2-5 days or a week after they have submitted I-765. Pls can you share light on what might be going on?
It can take 4 weeks or more to get the receipt – it is way too soon to worry about this. Take care, Jason
Hi everyone,
This is update from me and my husband, based on pending asylum below is our timeline. I hope it’s helpful for some of you.
Asylum Application submitted to San Francisco Office: 23 Nov 2015
Receipt Notice Date: 25 Nov 2015
Applied for EAD: April 23 2016
Receipt Notice: 25 April 2016
Approval Notice: June 03 2016
Card Ordered: June 03 2016 (Received a msg around 8pm)
EAD Card mailed: June 07 2016
Card Received : June 09 2016
So this is the whole process for us. We did call the USCIS customer service and requested expedition on June 03, 2016. EAD was approved a few hours later that day.
Thank you for sharing. I wonder if your expedite request made a difference or whether it was just a coincidence. Take care, Jason
I don’t think it made any difference because the expedite request was assigned to an officer day after our EAD was approved. However, we did place a service request on 25 May, 2016. Because California Service Timeline indicated the process for EAD affirmative pending asylum was 3 weeks and it took more than that. I think that service request made a difference probably.
Maybe – It is a mystery how these things get done, but certainly calling them and asking to expedite do not hurt; and maybe they help. Thank you, Jason
Hello,. I applied in june 2014 for political asylum,. and still wait my interview. I added my husband to my case in april 2016 and he got his A number in May. when we can apply for him for EAD if I 589 from June 2014 and for him we received just I 797 C fingerprint appointment in may 29 2016.Thank you
I believe you can apply for both of you based on your original filing date. Anyway, the first application is free for the EAD, so it is worth a try. Let us know what happens. Thank you, Jason
I had already my EAD . I need for my husband ead. he could not renewal his driver license without it.and my lawyer did not answer… and I call to my local immigration office-they said we should write them a letter- but this 2 month will take to receive there answer
Tanya, how did you add your husband to your case? What form did you file? I have the same issue, need to add my spouse to my case.
Hey guys case statues got updated 2day to new card is been produced.after 84 days at Nebraska.hope i get it soon.
Congratulations and thanks for updating us 🙂
Finally, it says ” your new card is being produced”?. Exactly 3 month after.
Thats a good news Alex.God bless
Congrats 🙂
Thank you guys. Mike, you are up next.
Hi. This is the timeline for my EAD for pending asylee, initial application. Applied on 4/22/2016, received by uscis on 4/25/2016 and notice date was 4/27.
Approved and EAD card ordered on 5/27. Card received on June 4th,2016. Processed via Texas. Hope this helps someone.
Wow. That was super fast. I have been waiting since March 10. I applied at the Vermont office then was transfered to Nebraska.
Same with u alex.mine was recieved march 10th
Hey Alex, I applied with Vermont on March and then transferred to Nebraska too, could you please update us if you received any update?
Hey Mike and Alex pls where did u guys apply from.i am from Maryland.since from the 10 of March there is still no update.hope to hear from u guys.take care
I am from maryland. The Vermont office received my application on may 10th and on the 23rd they transfered it to Nebraska and untill now I am still waiting but no change.
Mine was recieved at nebraska on march 17th.still no updates.i hope we hear from them soon Alex.thank u
That’s great – I hope this becomes the trend for the whole US. Thank you for letting us know, Jason
[…] about it. If it hasn’t already happened, it probably will, given that USCIS is increasingly backlogged in processing employment authorization applications. Perhaps your favorite employee had work authorization but their renewal form is taking longer […]
Hi, I applied for asylum in November 2015, receipt notice received on 25th November.
Now I have applied for EAD exactly after 150 days past, and received the notice on 25th April.
It it now May 24th and I have not received any update. All this is in the California Service Centre. Does anyone have similar experience?
Thank you.
For our clients, the EADs are usually taking about 4 months. On this forum, I have heard about people receiving them in 1 or 2 months, so hopefully, you will get yours soon. Take care, Jason
Hi everyone,
I just want to post my ead time line as my little way of giving back to this forum, and hope it encourages someone out there.
Application date: 04/12/2016 (exactly 150 days).
Received by USCIS 04/20/2016 (regular snail speed mail)
Approved. 05/12/2016
Approval notice in the mail 05/16/2016
Still waiting to receive the actual card and hope I get it soon.
May GOD help us all.
Thank you Tina for the updates, in which state do u live?
Floruda. My status states, “card delivered” this evening”. I use my friend’s mailbox so I am waiting for her to get home.
Florida. Excuse ny typo.
I hope you get it soon – sometime it takes a couple weeks, so be patient. Thank you for letting us know about your time line, Jason
Hello,
I applied for EAD in LA apr 12th 2016 based on my pending asylum case for more than 150 days, i have been told it takes less then 8 week to issue the document !? Is that right ! How long does it usually takes !?
Thank you.
I have heard about people on the West Coast getting the EAD in a month or two. Here (in the East), it takes about 4 months. Take care, Jason
Hi Sami,
Have you checked the status of your case online with your receipt number?
Hi, I filed an application for EAD (based on a pending asylum), I filed on 187th day. Receipt date is Feb 29. Then I got a transfer notice, it says the case was transfered to Nebraska office on March 29. I have two questions
1. Will they consider at Nebraska office that receipt date is Feb 29 or they will review my case as a March 29 application?
2. I heard that these days most cases get approved within 4 months but does that mean that I will need ombudsman/senator/local congressman’s help to get my case reviewed or they will review it within 4 months anyway without assistance?
Thank you!
Cases are routinely transferred around, depending on USCIS work load. They are normally decided in 4 months or less, counting from the date you mailed the application. If it takes longer than 4 months (or really, even if it takes less than 4 months), you can inquire with the Ombudsman or with USICS, but neither of those paths makes much difference. If you filed it and got the receipt, you should get the EAD relatively soon. Take care, Jason
I am yet to hear from you MR Jason, still waiting. Thanks
If I have not responded, you will need to re-post the question. Sorry, Jason
Hi, I have applied for EAD on may 2nd 2016 and my asylum case was received by uscis by Nov 20th 2015, I believe the 180 days will be completed on May 18 2016. I want to know that how many days usually uscis is taking to issue EAD now a days. I have submitted my application in chicago. I have job offer from United Airlines and pay is good though. It’s an opportunity for me which I don’t want to miss. Is there any way I can expedite for EAD at this stage.
I know of no way to expedite the EAD. You can apply for it 150 days after the asylum application was received. I have heard about people getting it in a month or two, but we are seeing most EADs take about 4 months. Take care, Jason
I appreciate you for all your answers to questions. I apply for asylum for myself, wife and children & I receive receipt of acknowledgement on 23rd December 2015, we did our biometrics on ethical January 2016. When is our 150 days be completed and best time to apply for work authorization. Do I need to pay for EAD? Do I need to apply it for myself alone or with my wife and children included in the Work authorization application. My children are less than 11yrs. Thanks
Whoever wants an EAD must submit a form I-765, available at http://www.uscis.gov. You do not need to pay for the first EAD, but you do need to pay for the second and all other EADs. You can file 150 days after your case was received by USCIS (the received date should be on your receipt). Take care, Jason
Hi,
My lawyer sent an affirmative asylum application to Texas Service Centre on 30th Mar 2016 through Fedex, which was delivered on 1st Apr 2016 as per Fedex Tracking but more than 35 days have been passed we didn’t receive any acknowledgement or notice, what could be the reason and what can we do? Me and my wife are very worried and tensed. Kindly help
Double check that that was the correct office to mail your case. If it was the wrong office, they will not send it back – it will disappear. If you check your local asylum office website, it will tell you which Service Center to mail the case to (you can find the website if you follow the link at right called Asylum Office Locator). You can also find this info on the instructions to the form I-589. If it is sent to the correct place, I would wait a few more weeks – sometimes, we do not receive a receipt; we only receive the fingerprint notice. Take care, Jason
i am here on a visitor visa and would like to apply for asylum. would i be able to do this?
Yes – the form you use is the I-589 (available at http://www.uscis.gov). If you look at the instructions, it gives you an idea about how an asylum case works. Also, it is helpful to have a lawyer for such cases, if possible. Good luck, Jason
Hi Jason,
I appreciate for your blog and your professional comments! It helps a lot!
I have a short question about EAD obtaining terms for dependents of asylum applicant. I’ve read affirmative asylum procedures manual, looked through many posts and comments on Asylumist, but I couldn’t find the straight answer towards that question.
I’ve sent my case to AO in Chicago in May, 2015 as a principal applicant having family members outside US (my wife and my young son). In March, 2016 my family join me by using their tourist B1/B2 visas. The actual question is:
If I will add my wife and a son as the dependents to my case will they also have to wait more than 180 days for obtain an EAD, like I’ve went through before?
Thanks in advance for your answer!
If they are here, you can add them to your case (contact the local asylum office and they should be able to guide you about adding dependents). Once they are added, they should be able to get the EAD immediately if you already have your EAD. They should not have to wait 180 days. However, it may take some time to add them to your case, but that is a different issue. Take care, Jason
Jason, thank you for the answer!
That is really great that family members dependents do not have to wait 180 days for their EAD if the main applicant already has his EAD!
It is good – but it is not always so easy to add them to the case. That is the difficult part. Good luck, Jason
Hello, Jason
I am interested if there is any uscis law about ead renewal starting date.The new date is approval date or it continues the expiration date of the old card. My old card expired on April 22nd,2016. Still havent got the new one.So will I have gap between my cards or there is possibility the new card will have the date April,23 as far as I applied before the expiration date.
Thank you in advance
It’s a good question. I think it will have April 22 or 23, but I do not remember. Sorry, Jason
Hi
i applied for renewal of my EAD . They Send me RFE after 90 days when i called for the status that pictures are missing i sent them photos and got notification that evidence received , Please can you tell me how long will it take to get decision? or will they start 90 days clock again ??
Regards
Adnan
Typically, if you respond to an RFE, you get the decision fairly quickly, but there is no time frame and there is not much you can do about it. I suppose if it is taking a long time, you can call USCIS, but this is usually not so helpful. Take care, Jason
Applied for EAD renewal on January 16 Nebraska offices.
receipt notification January 19.
previous EAD expired on April 14. Took leave of absence on day of expiration.
April 14 : called for my case to be expedited. case assigned to an officer for response. inquiry for EAD was completed.
April 15: personally noted an error on my receipt. Alien number was different. called customer services. Case assigned to an officer for response.
April 21: went to Immigration offices in Des Moines for my case to be expedited.
April 21: New card is being produced.
no update as yet since then. this means my case has been approved right?
It should mean that – but it may take a few more weeks to get the EAD (though probably it will not be that long). USCIS is changing its policy, so the next time you have to renew, you will hopefully not have this problem. Take care, Jason
Thank you. I havent received my card yet and Im scared I might face termination since I have been on absent leave for too long. Is there a way I can go about it? Since my card has been approved can I go back to work?
jacob
Unfortunately, that is not allowed under the current law. There will be a change (when, I do not know, but it has been announced) that will make the EAD process better, but that does not help you now. Maybe you can ask your employer to allow you to come in as a volunteer without pay until you get the card – some employers might do that, or maybe they would give you a leave of absence. Good luck, Jason
Hello Jason,
Thank you very much for the website, it’s really great.
I have a question about expedite criteria for EAD renewal. I have applied for my first asylum-pending EAD on March, 3d. Me OPT EAD expires on June, 4. Now I took mortgage loan and the settlement day is on June, 8. On my settlement day I should put 20% down. May I request to expedite my case regarding this issue?
Thank you very much!
You can request to expedite for any reason, and your reason seems perfectly legitimate. However, I doubt USCIS will expedite the EAD, as I have not seem them expedite for any reason in the last few years. Anyway, you have nothing to lose by trying. Good luck, Jason
Hi,
I filed for form i589 and submitted the form on the 02/10/2016. i received acknowledgement of receipt on the 02/20/2016. I am yet to receive a notification for fingerprinting. What do i do? Does anyone here have a similar experience? Please share. I am located at Northern Virgina.
Thank you.
Now you need to wait for the fingerprint notification. Once you get it, go have it done.
I would wait a few more weeks – there is no emergency and it sometimes takes more 7 or 8 weeks to get the fingerprint notice. If you don’t get it by May, you can go to the Asylum Office in Arlington any Wednesday morning to ask them, or you can email them and ask (their contact info is available if you follow the link at right called Asylum Office Locator). Take care, Jason
I have applied for assylum with my two daughters and done fingerprinted. My husband came few days ago. His notice of fingerprinting has passed. Can he go to the place to explain. And can this affect his EAD. .
Thanks
Segun
He can go to the fingerprint center – it should not be a problem. I do not think it will affect the EAD. Take care, Jason
I was late for my bio metric finger print by 10 days. Will that affect my ead time or my asylum clock?
I was late for my bio metric finger print by 10 days. Will that affect my ead time or impact my asylum clock
I think it will not. You will find out when you apply for the EAD, but hopefully, you will be fine. Good luck, Jason
Hello jason ,I applied for asylum in Sept 8 2015 and it was accepted and I got the receipt.
Finger print on Sept 16
150 days on Feb 5
Applied for EAD on 8 Feb
Notice of received and processing Feb 10
And later a notice of case transfer to NABRASKA service center
On Feb 23. And till now I still hvnt heard anything pls can you advice. Am in new york..
Gabriel
It is normal for USCIS to move these cases around, depending on the workload at their different offices. Some people are emailing me that they receive the EAD in a month or two; most EADs still seem to take closer to 4 months. It sounds like yours is being processed, and there is nothing really to do except hope it arrives soon. Take care, Jason
Hello Jason, your page is amazing! Thanks for all the information your have shared with us. Now I want to share my experience. It is seem like USCIS speed up the EAD process at least for the first one.
Timeline
Applied in Virginia office
Applied for Asylum : October 05 2015
Finger print notice: October 11 to Oct 25 2015
150 days: Mar 02 2016
Applied for EAD: Mar 09 2016
Approval notice: Apr 06. 2016
EAD card received: Apr 08 2016
I am in Georgia, so all the EAD process take place in the Texas USCIS service center. I guess they really speed up the process, less than a month. I am really happy and hope this helps somebody out there
I have been hearing this from several people – Thank you for letting us know. It is good news, and hopefully it will become the norm. Take care, Jason
Hi Francisco! Happy to know you got your approval so fast. My question is, have you performed biometrics when you applied for EAD? Thank you.
Hi Cris
No, I did not perform biometrics for the EAD.
Thank you Francisco! Because we submitted our i765 also and it’s been a month now. I hope anytime soon we will have the approval. Thank you again for answering my question.
Hi ,
after applying to the EAD. How many receipts do you receive from USCIS. Is it only one ? or you receive another one after it when they start processing?
One receipt and one fingerprint notice. Take care, Jason
Hi Jason,
Can I track in(USCIS)website about my EAD application as I heard we can not check about processing any asylum application? Please let me know.
Thanks.
Prateek.
You can go to http://www.uscis.gov and enter your receipt number; it will give you some limited information about the status. Take care, Jason
Can anyone explain, your case is in line for review by an officer.
Hello Jason thanks for you website. For all those still waiting for EAD maybe this could relieve your wait
Timeline
Applied in San Francisco office
Applied for Asylum : August 26 2015
Finger print notice: sep 01 to Sept 15 2015
150 days: Jan 26 2016
Applied for EAD:Feb 03 2016
Approval notice: March 4. 2016
EAD card shipped notice on status website: March 09
So hopefully I will be receiving my card any of these days.seems like EAD is getting faster.I am really happy and hope this helps somebody out there
Great. Did you have to call anybody to make it faster?
Thank you.
No I did not call anybody.
Thank you for letting us know, Jason
This dude has my same timeline. We applied for asylum and got finger printed on the same dates, I applied for my EAD 5 days earlier than he did, yet he almost got his and I haven’t heard of anything other than their acknowledgement of receipt. Sounds like employees at the San Fransisco asylum office are young and active haha. I’m strating to doubt that recent article you wrote about not moving to the vicinities of these fast offices 😉
You may be right, though the EAD process is not done by the people at the Asylum Office – it is done by USCIS. Also, in the world of immigration, if two people do the exact same thing, it is pretty common that they will get a different result in the end. If this were math, it would be less like algebra and more like chaos theory. Take care, Jason
hahahah
As an asylum seeker and EAD “awaiter” I like your euphemism Jason. Thank you for all the information and support you provide for us.
Thanks. I am beginning to prefer math to asylum law…
Hi Big V! Did you have your 2nd fingerprint after applying for EAD? Also, did you get an acknowledgement receipt when you applied for EAD? Thank you very much. I hope you answer my question.
Hi
Its to update all of you that EAD processing is getting smoother now. I applied for my asylum in July 2015. 30th July was case receipt date. I applied for EAD after 150 days and EAD receipt date was 29th Dec 2015. Today after 65 days, my case status updated that they ordered my new card and it will be mailed to me on my mailing address. So if I received my card in 10 days, total time would be 75 days.
Thanks
Hopefully you get the card very soon – that is an improvement. Thank you for letting us know, Jason
Hello in which state did you apply for the EAD
Hi Jason,
My 150 days of waiting will be completed by April. You were saying in the article above that applying in certain seasons makes a difference, is April considered a busy month?
Thank you for your great articles!
I wouldn’t worry too much about that. From what I’ve heard, summer is the busiest time. Take care, Jason
Hi jason,
I wanted to know if when you send a request for the “short list” they send you a notification mail to let you that they received your request?
Thanks.
Usually, they do not send you anything (at least that has been true for the offices where we have tried this). Take care, Jason
Hello Jason
My 150 days arrived on the 30 of Jan and I applied for my EAD card on the 2nd of February. I already did the first finger prints in September when I applied for Asylum.I recently learned that I will have to do a second finger prints for the EAD card.Is that true and is it for everybody or just for those with further security checks. ok Jason hope to hear from you thanks.
Big V
Most – if not all – of our client who apply for an EAD receive a new fingerprint appointment. You should receive that soon. Take care, Jason
I applied for my EAD on 8th of January which was exactly 150days from filing for asylum, DHS received on the 11th, wrote me receipt on 13th and it was approved today. It was processed within 30days.
Which Service Centre was it?
Texas
That’s great – Thank you for letting me know, Jason
Ble Ble, did you have fingerprints after you apply for EAD? Thank you!
My case for EAD was received on November 17,2015 in NEBRASKA centre. It is based on pending asylum, its been like 85 days , anybody has idea when it will get approved?
These days, EADs are taking about 4 months, so you probably will wait a bit longer. Take care, Jason
After 35 days of waiting EAD for my wife was denied :(. Waiting for the letter from USCIS.
Jason, could it be – when we sent our form for asylum, USCIS sent back notice of action (out lawyer screwed up the form).
They accepted our documents on July 20th and we received our fingerprints invitations only in the end of august. Does it mean this month doesn’t count in 150days? Thanks
I am not sure I understand the question, but the 150 days starts counting from the day the asylum application was received (not the EAD application). If the asylum was rejected and then resubmitted, the 150 days probably did not start until the form was actually accepted. Take care, Jason
The application wasn’t rejected.
They sent a Notice of Action, cause some of the information in application wasn’t filled.
The date on receipt of application is July 20th. I applied for EAD on Dec 21th.
Sounds like you should be fine – but EADs are slow; they are typically taking about 4 months. Take care, Jason
I had my EAD when I was OPT of F1. Now, I am pending to my asylum now. I applied for new EAD on Dec 17th, 2015 after 150 days. What’s the difference between applying for the first EAD and renewing EAD. I am wondering which situation exactly am I right now? Does renewing take faster or slower than applying for the first EAD?
Called USCIS Jan 29th, and received a confirmation number, and they email me said “On January 29, 2016, your inquiry about the status of your Employment Authorization application, referral number T1Exxxxxxxxxxx, was completed”. Does this help to make them faster?
Thanks,
Dylan
It seems to take the same time for a first EAD or a renewal – about 4 months, so you have some time to wait. It seems like you had an OPT EAD, and now you applied for your first asylum-pending EAD. When you apply for a second EAD based on asylum pending, that is a renewal. Take care, Jason
Hi Jason,
I received my EAD today. It’s so much better than my expectation.
Totally, 53 days after application submitted.
02/03/2016
We approved your Form I-765, Application for Employment Authorization .
02/03/2016
We ordered your new card.
02/09/2016
We mailed your new card to the address you gave us.
That is good – Hopefully it is a sign that this process will be getting faster for everyone. Thank you for letting me know, Jason
Is this for an asylum application? Jason, can i apply for a pending asylum EAD if the 150 days is not completed?
If you file before 150 days, the application will likely be rejected, which takes USCIS a month or two (or more), so ultimately, it will delay your EAD. Take care, Jason
Hi Jason
I have applied for my EAD based on pending asylum application. I have a job offer and I am waiting for EAD to join this job. It is to ask you can I join this employer without salary for the waiting period? I am sick of being sitting idle. Please let me know if that’s legitimate doing a work without compensation.
Thanks
You can work as an unpaid intern/volunteer if the employer will agree to that. Once you have the EAD, then they can “hire” you for real and start paying you. Take care, Jason
I’ve Applied on 12-23-2015 for ead. My asylum case was pending more than 150 days. So 180 days completed on 01-23-2016. And today I got my approval. It was really fast. Hope they send my ead asap.
Hi Mike
Which office did you apply to ?
Thanks
Los Angeles.. I am actually really really surprised because when I apply for asylum I got my fingerprints letter right after 3 days then then now my ead was fast. But every single time I call them they say I need to wait at least 2 years for my interview. I don’t have lawyer. But maybe I might look for a pro-Bono before my interview
You’re lucky…I have the same current EAD date, but my case is not applied :(.
What’s the last case number digits? My is 23464
27972 if you mean ead case number
Hi Mike. So as I got from your notice, it says: you’ve applied for EAD card on 12.28.2015 and you got the actual EAD card on 01.23.2016 ? Is that right?
Thank you beforehand