Faced with an increased backlog, the Department of Homeland Security (DHS) proposed pausing work permit processing for asylum holders. If implemented, asylum holders risk losing their ability to work in the U.S. Currently, the DHS hasn’t announced an implementation date.
Under current policy, an asylum seeker must wait one hundred and eighty days after filing asylum before U.S. Citizenship and Immigration Services (USCIS) may issue an initial Employment Authorization Document (EAD). Employment authorization is required for asylum applicants to work lawfully in the United States, and current asylum EADs are typically issued in two-year increments subject to renewal. The proposed rule would extend the initial waiting period to three hundred and sixty-five days and would pause acceptance of new EAD applications whenever the average processing time for affirmative asylum applications exceeds one hundred and eighty days over a ninety-day period.
With roughly 1.5 million affirmative asylum cases currently pending, the pause trigger would almost certainly be met immediately upon implementation. DHS has stated that the pause is intended to allow USCIS to dedicate resources toward reducing the backlog.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.