EAD

# Asylum Office# Asylum Seekers# Immigration# National Security

USCIS Ends Some “Holds,” Including on Certain Asylum Seekers

Last December, USCIS announced that it had “halted all asylum decisions” until it could “ensure that every alien is vetted and screened to the maximum degree possible.” Various other applications were also halted in the name of national security for individuals from the 39 “banned” countries.

Now, in a rare bit of good news from the Trump Administration, USCIS has issued an update indicating that some holds have been lifted for asylum seekers and others. The Agency has not provide much detail, but here, we’ll see what we can glean from this most recent announcement.

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By Jason Dzubow
# Asylum Office# Asylum Seekers

News from the Asylum Office: Blocking Work Permits & Updating Statistics

In its ongoing effort to (supposedly) “protect the American people from invasion,” the Trump Administration has published new rules to further restrict Employment Authorization Documents (EADs) for asylum seekers. If implemented, these changes will be quite harmful to people filing new asylum applications in the United States.

What’s more, there is addition bad news buried within the proposed EAD rules. USCIS has included new Asylum Office data, which shows a steep decline in asylum grant rates.

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By Jason Dzubow
# Asylees and Refugees# Asylum Seekers# National Security

USCIS Restricts Work Permits… Again

In the aftermath of an Afghan asylum seeker’s attack on members of the National Guard, the Trump Administration began a wide-ranging crackdown on non-citizens from Afghanistan and other “banned” countries, as well as on asylum seekers, refugees, and other migrants.

The most recent iteration of these efforts is the decision by USCIS–justified by “security” concerns–to reduce the validity period for certain categories of Employment Authorization Document (EAD) from five years to 18 months. In combination with prior changes, the shortened EAD will cause tremendous pain to many vulnerable people.

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By Jason Dzubow
# Asylum Seekers# National Security

USCIS Restricts Work Permits for Asylum Seekers

Asylum seekers are eligible for an Employment Authorization Document (EAD) while their application is pending. Although EADs are issued for 5 years, most applicants need to renew their employment authorization because the wait is so long.

Up until last week, if you filed to renew before your current EAD expired, you received an automatic 540-day extension of the current card. This was important, since USCIS often processes renewals slowly, and without the extension, many asylum seekers would lose the ability to work. But now, a new rule has eliminated the automatic EAD extension for asylum seekers (and others), and so when your card expires, you can no longer work lawfully.

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By Jason Dzubow
# Asylum Seekers

Good News on Work Permits

A new rule in the federal register has temporarily increased the automatic extension period for Employment Authorization Documents (“EADs”) for asylum seekers and others from 180 days to 540 days. The 540-day extension applies to anyone with a pending EAD renewal, even those whose EAD and 180-day extension have already expired. This means that all asylum seekers with timely-filed renewals are able to work lawfully for 540 days beyond the expiration date on their current EAD card.

Starting on May 4, 2022, EAD receipts for certain categories–including c-8, asylum pending–will list the 540-day extension on the receipt itself. USCIS has also updated its website to reflect that EAD receipts listing the 180-day extension have been extended by an additional 360 days, to 540 days total. USCIS will not be sending out new receipts, and so if you need proof of the automatic extension for your employer or the DMV, you can show them this web page. In order to qualify for the automatic extension, you must file to renew your current EAD before it expires.                      

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By Jason Dzubow
# Asylum Seekers

Expedited EAD Renewals for Healthcare Workers

On December 28, 2021, USCIS announced that. “if you are a healthcare worker who has a pending Employment Authorization Document (EAD) renewal application [Form I-765] and your EAD expires in 30 days or less or has already expired, you can request expedited processing of your EAD application.” This is a positive development, since EAD renewals have lately been very slow.

One group that has been impacted by the delayed renewals is asylum seekers, and we are seeing people wait up to ten months for their new EAD cards (asylees–people whose asylum cases have been granted–are also experiencing long delays to renew their EADs, but such people are eligible to work even without an EAD). Here, we’ll talk about the EAD renewal process and the new rules for healthcare workers (and while it probably goes without saying, yes, I will complain about the new expedite procedure).

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By Jason Dzubow
# Asylum Seekers

The War Over Work Permits

These days, it takes approximately forever to complete an asylum case. Because of the long wait, the law allows asylum seekers to apply for an Employment Authorization Document (“EAD”), which lets them work lawfully while the case is pending. In one of its many regulatory attacks on the asylum system, the Trump Administration recently implemented … Read more

By Jason Dzubow
# Asylum Seekers

The Bureaucracy vs. Asylum Seekers, Part 2: Delaying and Blocking Work Permits

The law governing asylum states that, “An applicant for asylum is not entitled to employment authorization, but such authorization may be provided under regulation by the Attorney General.” Up until now, the regulations implementing this law allowed most asylum applicants to file for their Employment Authorization Document (“EAD”) 150 days after their asylum application was … Read more

By Jason Dzubow