The Department of Homeland Security (DHS) issued an asylum final rule which became effective on February 7, 2022. The updated rule reflects the outcome of a legal effort between Asylumworks et al. v Mayorkas et al. In that legal case, the following rules, issued in June 2020, have been vacated and are no longer in effect.

  1. The Timeline Repeal Rule, otherwise known as the Removal of 30-day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications Rule; and
  2. The Broader Asylum Employment Authorization Document (EAD) Rule, otherwise known as the  Asylum Application, Interview, and Employment Authorization for Applicants Rule.

U.S. Citizenship and Immigration Services stopped using the above two rules on February 8, 2022. In their place, USCIS is using rules which were in effect prior to the August 2020 Timeline Repeal Rule and Broader Asylum EAD rules. The full details of the rules can be found on the Code of Federal Regulations site.

This applies to adjudication of Form I-589, Application for Asylum and Withholding of Removal, and Form I-765, Application for Employment Authorization, pending with USCIS as of Feb. 8, 2022, or received on or after that date.

The final rule eliminates some regulatory text around asylum applications, interviews, and eligibility around employment authorization options dependent on the status of a pending asylum application for the individual.

If you have questions about your asylum application, employment authorization, or any other immigration-related issue, contact us at ILBSG. Our team of expert attorneys works with our clients to ensure they get the right advice for their specific situations and remain always in compliance with the U.S. immigration process.

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