How to Apply for Work Authorization (EAD) While Seeking Asylum in the United States

If you are seeking asylum in the United States, you may be eligible to apply for work authorization, formally known as an Employment Authorization Document (EAD). This document allows you to legally work in the U.S. while your asylum case is pending, providing financial independence and stability during what can be a long and stressful process.

What Is an Employment Authorization Document (EAD)?

An EAD is a card issued by the U.S. Citizenship and Immigration Services (USCIS) that proves you are legally allowed to work in the country. For asylum seekers, receiving an EAD can be a crucial step toward building a new life while awaiting the final decision on your asylum claim.

Who Is Eligible to Apply?

Generally, asylum seekers can apply for an EAD after they have filed their asylum application (Form I-589) and waited for a required period. You must:

• Have a pending asylum application that USCIS has received.
• Wait at least 150 days from the date USCIS receives your asylum application before submitting your work authorization request.
• Not have caused any delays in the processing of your asylum application.

Meeting these requirements is essential to qualify for work authorization.

Steps to Apply for Work Authorization

Step 1: Wait 150 Days After Filing Form I-589

USCIS requires asylum applicants to wait for 150 days after filing their Form I-589 before applying for work authorization. This waiting period ensures that the asylum claim is under initial review.

Step 2: Submit Form I-765

Once you have waited 150 days, you can file Form I-765, Application for Employment Authorization. This form requests USCIS to issue your EAD.

When filling out Form I-765, be sure to:

• Use the correct category code for asylum applicants (usually (c)(8)).
• Complete all required fields accurately.
• Sign and date the form.

Step 3: Include Supporting Evidence

Along with Form I-765, submit evidence such as:

• A copy of your Form I-589 receipt notice (proof that USCIS has received your asylum application).
• Any other documents USCIS may require (check the latest USCIS guidelines).

Proper documentation helps prevent delays or denials.

How Long Does It Take?

Processing times for EAD applications vary depending on the USCIS service center handling your case. It can take anywhere from a few weeks to several months. USCIS provides estimated processing times on their website.

If your application is approved, you will receive your EAD card, which allows you to work legally while your asylum case is pending.

Important Notes

• Applying for work authorization does not guarantee approval. USCIS reviews each application individually.
• If your asylum application is denied, your EAD will no longer be valid.
• Always keep copies of all forms and correspondence you submit or receive.

Consult an Immigration Attorney

Immigration law can be complex and subject to change. For personalized advice tailored to your unique situation, it is highly recommended that you consult with a licensed immigration attorney or accredited representative.

Disclaimer: This article provides general information and is not legal advice.