On September 22, 2022, Department of Homeland Security (DHS) published the final rule to restore the regulations for pending asylum applications as they were before August 2020, in line with the February 2022 ruling of Asylumworks et al. v. Mayorkas. The ruling reversed two June 2020 DHS rules that made it difficult for asylum seekers to obtain an employment authorization document (EAD) – the Timeline Repeal Rule and the Broader Asylum EAD rule.
As a result of the Asylumworks et al. decision and this final rule:
- Asylum applicants may apply for an EAD 150 days after their asylum application is received by United States Citizenship and Immigration Services (USCIS);
- If an asylum applicant with a pending application applies for an initial EAD, USCIS has 30 days to grant or deny the initial EAD application. However, EADs cannot be issued until 180 days after the asylum application’s filing date;
- Asylum applicants may still qualify for an EAD based on their pending application even if they filed their application after one year of entry into the United States;
- Asylum applicants will no longer need to answer Questions 30b-g. on the Form I-765, Application for Employment Authorization related to the asylum applicant’s entry to the United States;
- Asylum applicants with a criminal history are not automatically barred from obtaining an EAD, but those with an aggravated felony conviction are automatically disqualified;
- Asylum applicants are no longer required to submit biometrics for their EAD application or to pay the biometric services fee;
- Applicants may renew their EAD while a decision is pending on their asylum application. If the asylum application is denied but the applicant timely files an appeal, the applicant may still renew their EAD as long as the appeal is under review and pending a decision;
USCIS revised the Form I-589, Application for Asylum and Withholding of Removal and Form I-765, Application for Employment Authorization to reflect these changes. By November 7, 2022, USCIS will only accept the 07/26/22 edition of both forms.
If you have any questions regarding the new rule changes and how it impacts asylum applications, or any immigration matter, please do not hesitate to contact KILO Immigration, a Sacramento immigration law firm by filling out this contact form.