EAD for Asylum seekers: Are you hiring in the United States?
Ensuring that your prospective employees are eligible to work is a crucial legal requirement. Employers must verify an applicant’s eligibility by completing Form I-9, the Employment Eligibility Verification form. This form serves as proof that the applicant has presented valid documents confirming their authorization to work within the country.
To learn more about Form I-9 and the documents required for employment eligibility verification, visit our website at www.uscis.gov. Understanding these procedures is vital for compliance and successful hiring in the United States.
Eligibility
Asylum seekers applying for an EAD must wait at least 150 days for a decision on their asylum application. During this period, there’s no initial decision from either the asylum office or immigration court. This waiting period is necessary to apply for an Employment Authorization Document (EAD).
The Biden Administration has reverted the timeframe from 365 days during the Trump Administration to 150 days.
In the past, asylum applicants faced long waits, sometimes lasting for months or even years, before meeting with an asylum officer or immigration judge about their application. However, USCIS has implemented measures to address the perceived issue of individuals seeking asylum primarily for obtaining a work permit. They have prioritized scheduling recent applicants ahead of those who applied earlier, reducing the likelihood of promptly receiving a work permit.
When you apply affirmatively, your I-589 is deemed “filed” with USCIS
When seeking asylum through USCIS (“affirmatively”), you will need to submit your application either via mail or online. Subsequently, upon submission, you will receive a receipt notice confirming the date of USCIS’s receipt of your application, marking the commencement of the 150-day period.
When Your I-589 Is Deemed “Submitted” During Immigration Court Proceedings
If you’re seeking asylum after entering removal proceedings, previously, there was a method to initiate the asylum process by submitting a partially complete application either in person or via email during the pandemic. However, in 2020, the courts announced the discontinuation of this practice.
Alternatively, for those in removal proceedings, submitting a complete asylum application to the immigration court as part of the proceedings is an option. The immigration judge will review this application to assess your asylum case, and the court will date-stamp your copy. This date serves as evidence when applying for an Employment Authorization Document (EAD), signaling the commencement of the 150 waiting period.
The wait time to apply for an EAD may extend further. If your asylum application encounters delays caused by your actions, and these delays persist during your EAD application, the new regulations dictate that your EAD request will be denied. (Previously, such delays would halt the countdown, making it challenging to restart.)
Various reasons might cause delays in your asylum application. For instance, requesting more time, missing a fingerprinting appointment, submitting additional evidence too close to the hearing (less than 14 days before), or asking for postponements.
- Asking for a postponement to secure legal representation during removal proceedings might cause the government to deem your case delayed.
- Requesting additional time to prepare your case during removal proceedings could result in the government considering your case as delayed.
- If you decline an expedited asylum hearing while in removal proceedings, this action might lead the government to view your case as delayed.
- Filing a motion that extends the timeline of your case during removal proceedings could be a reason for the government to deem your case delayed.
Procedures to Apply for a Work Permit (EAD)
If the timeframe elapses with no initial decision on your asylum application, consider your eligibility for a work permit and proceed with the application. This involves completing USCIS Form I-765. Detailed guidelines on how to apply for a work permit as an asylum seeker can be found. Immigration rules allow USCIS a maximum of 30 days to decide on I-765 applications from asylum seekers.
Watch More: https://youtu.be/qR8nXLA6VCk?feature=shared
