USCIS Proposes Changes to EAD Processes Based on Pending Asylum Applications

On September 6, 2019, the United States Citizenship and Immigration Services (USCIS) proposed a new rule to reform the process for adjudicating applications for employment authorization by those with pending asylum applications [PDF version]. You can read the proposed rule here [PDF version].

Under current regulations codified at 8 CFR 208.7(a)(1), the USCIS is required to adjudicate initial employment authorization requests by certain individuals with long-pending asylum applications within 30 days. The USCIS is proposing to do away with this 30-day requirement for adjudicating asylum applications filed on the basis of pending asylum applications. The proposed rule provides that the USCIS would grandfather in pending employment authorization requests at the time of a final rule.

The USCIS is also proposing to remove 8 CFR 208.7(d), which requires those seeking the renewal of employment authorization based on pending asylum applications to apply at least 90 days before the expiration of the current employment authorization document. The USCIS is proposing this change because of 2017 regulations which provide for automatic 180-day extensions of employment authorization in cases where the alien files an application to renew the employment authorization with the USCIS [see article].

The USCIS is accepting public comments on the proposals through November 8, 2019. It is important to reiterate that these changes are merely proposed rules, and until the USCIS publishes a final rule, the current regulations regarding employment authorization based on pending asylum applications remain in effect.

To learn more about asylee issues generally, please see our growing selection of articles on the subject [see category].