The new Administration has raised anxieties in immigrant and asylum seeker communities. In part, this is because of President Trump’s rhetoric (and rhetorical style) during the election. And in part, it’s because we just don’t know what to expect from a Trump Administration. Rumors have been flying: Will there be some sort of Muslim ban? Will the President repeal DACA? Or will he (and Congress) create a permanent legalization for DACA recipients? Mr. Trump will be issuing some executive orders later today banning Syrian and other refugees from coming to the U.S., and restricting visas for people from certain Middle Eastern countries. How this will all play out, we shall see.
But amidst the uncertainty, there is some good news related to work permits—or Employment Authorization Documents (“EADs”)—for asylum seekers.
First, last fall, the government started issuing two-year EADs instead of one-year EADs to people with pending asylum cases. This was a helpful development. It saves money since applicants now only have to apply for a new card every other year. It also makes it easier to obtain and retain employment, since employers feel more confident hiring people who have a longer period of authorized employment. In addition, many states issue driver’s licenses that correspond to the dates on the EAD, so a two-year card means a two-year license. All this helps ease the wait for people seeking asylum.
Second, last week the government issued new (and long anticipated) regulations “to help prevent gaps in employment authorization”:
DHS is providing for the automatic extension of expiring EADs (and underlying employment authorization, if applicable) for up to 180 days with respect to individuals who are seeking renewal of their EADs (and, if applicable, employment authorization) based on the same employment authorization categories under which they were granted.
This means that when you file to renew your EAD, your card will be automatically extended for 180 days once you receive the receipt (it usually takes three or four weeks to get the receipt). This is an important development, since USCIS has been taking months to process EAD renewals, and people were losing their jobs and driver’s licenses while they waited for their new EADs.
The automatic EAD extensions apply to refugees, people with asylum, and people who have pending asylum or withholding of removal cases, among others. You can see the new regulations here (see page 82491, the second to last page of the PDF) and here (page 82455, footnote 98, which lists the categories of people eligible for the automatic EAD extension).
Also, remember that you can apply for a new EAD up to 120 days before the old card expires. Even with the most recent change, it is still a good idea to apply early for your new card, so you receive the replacement EAD as soon as possible.
And here’s one last tip for today. If you cannot afford to pay for the new EAD (fees recently went up), you can request a fee waiver from USCIS, which—if granted—allows you to obtain a new EAD without paying the fee. To apply for a fee waiver, use form I-912, available here.
I have written many times about the affirmative asylum backlog. It has been a real disaster for asylum seekers—especially those separated from their family members. The recent changes to the EAD process, during the waning days of the Obama Administration, have at least made one aspect of the wait easier, and for that, we can be thankful.
[Update 03/27/17: USCIS has published a helpful summary of the categories eligible for the automatic extension here. They also created a useful Fact Sheet, available here.]
Good afternoon!!
I have a doubt.
Please, I am moving to another state and have recently requested renewal of my EAD, which is still pending immigration. Can I change my address so that my EAD arrives at the new address or do I need to leave it with the old address until I get my EAD? Thank you Happy thanksgiving
Normally, you would file the AR-11 – one for your pending asylum case and one for the pending I-765. You can do that online. If you still receive mail at the old address, you may want to keep the EAD under that address, just to avoid confusion. Take care, Jason
Hi Jason I have a question regarding the extension of 180 would that apply if my EAD expired December 2018 but just renewed it October 2020 could I still take that to the dmv to get my ID renewed for 180 days
To get the automatic extension, you have to file to renew before the old card expires and so that would not apply to you (and anyway, 180 days would have ended in about May 2019, so it would not help now). Take care, Jason
Hi Jason I have question after my asylum had been granted in 2017 I’ve received a new work permit for free. But it’s gonna experied next month. I’ve tried to renew it the rejected for saying that I have to pay 410 to renew that. But all I know when they approve for asylum you don’t need to pay the fees for EAD. So my question is: can I find a get job with the asylum granted I-94 or do I need to renew the EAD?
Hi Jason I have question after my asylum had been granted in 2017 I’ve received a new work permit for free. But it’s gonna experied next month. I’ve tried to renew it the rejected for saying that I have to pay 410 to renew that. But all I know when they approve for asylum you don’t need to pay the fees for EAD. So my question is: can I find a get job with the asylum granted I-94 or do I have to apply to green card?
The first EAD after asylum is granted is free, but after that, you have to pay the fee. Technically, as an asylee, you can work without the EAD, but many employers and DMVs do not recognize that. Since it has been 1+ years since you received asylum, you are probably eligible to apply for a green card (assuming you have at least one year of physical presence in the US and you have no disqualifying convictions or other issues), and so you might consider applying for the GC. In the long run, that is cheaper than renewing the EAD every time it expires. Take care, Jason
Hello good afternoon!!
I have a big question, I currently sent my EAD to request the RENEWAL, I sent it to the Dallas Center, it was already deducted from my account for $ 410, but my case was sent to another jurisdiction office at MIAMI, my work permit won in January 2020 by renewing the work permit in asylum cases, they immediately arrange the interview to finalize the case? Thank you
My EAD is valid until January 2020
I am not sure I understand the question, but the EAD renewal is not related to the speed of processing the asylum case. If you filed to renew, you should get a receipt in about 4 weeks, and that extends the old EAD by 180 days. Take care, Jason
When I receive the receipt, can I use it to extend my drivers license?
For a renewal, the receipt for the EAD extends the old EAD by 180 days and you should be able to extend your DL with this. Take care, Jason
Hello good Morning!!
I’m in doubt, I’m actually wanting to change my address due to the cost of rent, I’m wanting to change state.
I currently live in Maryland, I want to move to Florida, my case is in Center Texas.
Do you think you can delay my process in this change of address? I’m already 2 and a half years waiting.
Thank you!!
I doubt moving would affect the case, but if you do move, you are required to change your address. If this is an affirmative asylum case, do that with form AR-11, available at http://www.uscis.gov. Normally, a case in MD would be in the Virginia Asylum Office (but when you first file the case, it is mailed to TX), so your case should be there, and i fyou move to FL, the case should transfer to the Miami asylum office. Take care, Jason
Hello good Morning!!
You saw Jason, the immigration site we are tracking online is down, do you know what happened? Thanks!!
I am not sure what site you mean, sorry, Jason
https://egov.uscis.gov/casestatus/mycasestatus.do
Sometimes nothing appears, today I typed my codes and nothing appeared.
The operation of the website is imperfect, so maybe it is just not working at the moment. I have heard about people having problems like this from time to time, so hopefully, it will be cleared up soon. If not, you can call USCIS at 800-375-5283 and ask about the case status. Take care, Jason
Hi Jason,
I applied for asylum in 2017 and my case is still pending. I was on J1 and I also applied for waiver at the same time. Now I m married here in US, can I adjust my case status and should I have to file J1 waiver again? Please guide me.
Hoping to hear from u soon.
Thanks
Fahad
I wrote about marriage to a US citizen and asylum on August 2, 2018 – maybe that would help. As for the waiver, if it is approved, you should not need to do it again. But if you are unsure, have a lawyer look at the case to make sure there are no issues. Take care, Jason
Hi Jason I have a question last year my asylum was granted but I still have my work permit which will expired in November. Do I need to renew it or just go ahead apply for green card. Thanks
You can apply for the GC one year after asylum is granted. If it was granted at the Asylum Office, they should automatically send you a new EAD based on asylum granted. If it was granted in court, you need to Google “post order instructions in immigration court” and follow those. They will send you a new EAD based on asylum granted. Either way, the first “asylum granted” EAD is free. Take care, Jason
I already do have the first” asylum granted EAD”. So I wanna know if I have to renew it or just apply for the green card? Thanks
If you do not need a new EAD and you are eligible now for the green card, you can just apply for that. Take care, Jason
Good Morning!!
I have a question, could you help me?
I will have to do the renewal of my EAD in July, what is the amount that is charged to renew by the immigration and what would be the procedure?
Thank you!
If this is based on a pending asylum case, renewals currently cost $410 (check to “Department of Homeland Security”). Use form I-765, available at http://www.uscis.gov, and the form instructions explain the procedure and where to mail the application. Take care, Jason
Hello Jazon,
I’m a little confuse about dates, other says 150 days, 180 days before to renew my Work Permit.
So, mine is going to expire on August 23rd.
And so far, I read somewhere, they said: “You may apply to extend your employment authorization card up to 120 days prior to your current card’s expiration date”.
So, what’s the best time I can file for a renewal of my Work Permit?
Can I do that like on 23rd of March or it’s too late?
After calculating the time, I see that from 23rd of March and 23rd of August the total will be 150 days.
Can I do it in that time?
Thank you for answering.
You can apply up to 180 days before it expires. If you want to apply in March, that is fine. The old rule was 120 days, but that was changed a couple years ago. Take care, Jason
Hi Jason.
I filed all essential documents for EAD renewal in late November and USCIS received it on December 3. I received my receipt in December as well. My current EAD expires on March 20.
Is there any number I can contact and inquire about my case If they don’t update the status till the end of this month? I live in NY and I mailed my documents to Texas.
Thanks
When you received the receipt, your EAD was automatically extended for 180 days (assuming this is based on asylum pending). The renewals are normally taking between 3 and 6 months, and I doubt calling will help. If you need evidence for the automatic extension, I did a posting on January 25, 2017 and at the bottom of the article are some links to USCIS that explain about the extension. Take care, Jason
Yes, it is c(8). I apply for new jobs so when employers ask me about my work permit I can give the correct answer.
Thanks
Hi. My case is pending in court and I applied for EAD after 180 passed. My master hearing is Nov. Could that delay my EAD application. Worried.
If 180 days have passed, you should get the EAD. It may take several months, but you should receive it. Take care, Jason
Hi Jason .. thanks for your help. I have a question about renewing work permits, Should i apply for renewal 180 days before my current permit expires?
Thanks
That is the earliest you can file to renew. If you file too early, USCIS may reject the case. For that reason, you might want to wait until day 160 or 170, just to be safe. Take care, Jason
Hi Jason … Hope you doing well!
I have a question about Item 25 in form I-765, I’m renewing my EAD what should be the current immigration status i should put if i’m still pending Asylum interview. No status or c8
Thanks for your time.
I cannot give specific advice for a case, as I do not know your case. For our clients, we usually put asylum pending or B-2 expired (for example). Take care, Jason
Hello Jason
I have a question(s) about pending asylum. We now have our EAD card which expires in Jan 2020, when should we expect to be called for interview or what is to be expected?
Also I will like to ask that what if one haven’t been granted asylum before the expiration of the EAD card, Is the EAD renewal automatic or you have to re-apply?
Thank you for your work and swift response as usual.
Best regards
No one can predict when the interview will be. Your case is currently in the backlog, which means you should not expect an interview any time soon unless you can expedite the case. I wrote about that on March 30, 2017. As for the EAD, you have to renew it yourself. The earliest you can file to renew is 180 days before it expires. Take care, Jason
Hi Mr. Jason,
My husband applied to asylum after the war incited in our country and got a work permission EAD. Now after one year he is most likely (100%) got a position at the university since we enter the USA as a Ph.D. student. We are a bit concerned about his status; is it possible in terms of (immigration laws) to change from asylum seeker into F1 or H visa without leaving the USA? Because we are from one of the banned countries. Please, we need your advice to take away our stress and anxiety about the issue. Thanks
Hi Mr. Jason,
My husband applied for asylum and got a work permit (EAD) for his application pending and now after one year he is most likely got a position (100%) at the university since he got Ph.D. from the USA. We are concerned about his visa status since we are from the 7 banned countries. Is it possible(in terms of the immigration laws) to change his status from the asylum status into F1 visa or H visa without leaving the states?. Please, we need your advice to solve our visa issues. It is a bit stressful situations in our country and here. Thanks
I wrote a bit about this last week. Maybe that post would help. The bottom line is that if his only status here is asylum pending, he probably has to leave the US and re-enter to acquire a new status. Given that you are from a banned country, this will be difficult or maybe impossible. It may be worthwhile to talk to a lawyer about the specifics of the case, as there could be exceptions to the general rule, and maybe there is a path for him. Take care, Jason
Hi Jason, I have a question! So my EAD that I got(It was based on pending asylum) expires on 10/13/2018 but I got granted asylum this year on april so my question is!! Am I still be eligible for the automatic extension?? Since when I applied previously I extended under pending asylum and now I won asylum thats means I will extend based on granted asylum? Is it two different categories? Or USCIS will see it as the same case and I wont have a problem?
Your case is now in a different category, and you should have automatically received a new card if the case was granted at the asylum office. If not, you should contact the asylum office to ask about that. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). If the case was in Immigration Court, you need to make an Info Pass appointment and go to a USCIS office to get the new EAD and I-94. You can Google “post order instructions in immigration court” to find a PDF document from the government about that. Take care, Jason
Hey Jason,
After receiving I-797C how long does it take me to get my work permit.Thanks
It is not so predictable. It may be a few weeks, but some people wait 3 or 4 months. Take care, Jason
Hey Jason,
After receiving form I-797C notice of action,how long does it take me to get my work permit.Thanks
Hey Jason,I received a notice of action letter for my form 1765 and it reads that my case was approved…..and when I check my case status online it says card emailed to u,how soon should I expect my work permit???
Hopefully in a week or two. Take care, Jason
Thanks Jason,waiting it…..
Could u help me with a info that.. do a seven year old have to renew his work permit? As he had one when his parents applied for asylum??
If he wants to, he can, but most children do not need a work permit. Take care, Jason
Hi Jason,
I have a question on I-765 filing fee under (c)(8) category. I received EAD once under F-1 OPT, which expired a month ago. Now I am applying as asylum applicant (for the first time under this category). Should I pay the fee for this application? Also, should I attach the copy of my expired OPT EAD to the application?
Thank you so much for your work!
Med.
If you are applying for the first time based on pending asylum, there is no fee, even if you had a prior EAD card under a different category. I think there is no harm in attaching a copy of the old EAD card. Take care, Jason
Plase helpmy fur Work permit A-XXXXXXX tu return back tu the Usa fur work only LIN-XXXXXXXXX plase apoiment Usa Embasy Munchen Germany fur gren card thanks thomas makos germany.
I do not know what you are asking, but I have erased your Alien number and receipt number, since they are private and should not be posted publicly. Take care, Jason
Hi J
I got my receipt from uscis at June 4 2018
That my case have been approved but am yet to get the ead card or how long will it take
To get it
Thanks
I am not sure what you mean? If you got a notice that your EAD has been approved, it usually takes a week or two to get the card. Take care, Jason
My boyfriend and his son applied for asylum togeather as his son is a minor, they have applied for work permits, we recived letters for both my boyfriend and his son saying they have recived the request, shortly after his son recived a letter saying he was aproved for the permit but my boyfriend did not recive any letter then yesterday his son recived his work permit and my boyfriend did not, nor did he recive any denial letters, is their a reason for this, how will i know if my boyfriend will get the permit or if he was denied
This is a common story. People often apply together but do not get the work permit at the same time. I would just wait a few weeks to see whether the card arrives. If not, call USCIS and ask. The phone number is on their website, http://www.uscis.gov. Take care, Jason
Hi Jason,
I have a pending asylum case and I already got my EAD in July this month.When I applied for asylum in Dec 2017, my husband was here in the US but he was not included in the application, just myself and our 4 kids.While he was returning to our home country in March this year, an immigration officer at the airport called him and asked him some questions.And after all the questioning, the office cancelled his visa…
My question is how does he reapply to come back to the US having cancelled his visa?What are the implications of a cancelled visa and does it affect my pending asylum case in anyway?
NB: His visa coincidentally expired in March, the same month he travelled back home, having spent 3months in the US. Please advise me.I have my hands really full coping with the kids and trying to get a job.
Whenever a person’s close family member is seeking asylum, it is more difficult to get most types of visas. I wrote about this on April 18, 2014. Some visas that may not be affected by your asylum application are the H1b and the L, or basically any type of immigration visa. Cancelling his visa should not affect your asylum case. However, depending on the case, you may need to explain why you need asylum if it was safe for your husband to go home. Take care, Jason
Thank you for your quick response Jason.
The basis for asylum was on FGM issues coming from my parents-in-law.Do you still think I will be asked why it was safe for him to travel back home?
Also, what are the implications of a cancelled or revoked visa? Do they mean the same thing? “Cancelled / revoked” was what the officer wrote (with a pen) on his visa.
Thank you.
They could ask about his return trip. For example, if his parents want to circumcise you, and he opposes that, does he face harm? So you should be prepared to discuss that. As for the visa, it is no longer valid and if he wants to return to the US, he would need a new visa. I suspect that for most visas, that will be difficult to obtain, since they have cancelled his prior visa. Like I say, he might have better luck applying for an H1b visa or an L visa than most other types of visas. Take care, Jason