Many asylum seekers are fleeing persecution, war, or economic turmoil in their home countries. But even once these individuals are out of immediate danger, undocumented immigrants face the additional hardship of finding a way to provide for themselves and their families. Not only are they now in a new country far from home, but most will face language and cultural barriers as they adjust. These individuals may also wonder if they can work while their case is pending and whether they’ll need additional employment authorization.
The good news is YES, you can work in the US while your asylum case is pending! But keep in mind that there is a waiting period. You’ll need to wait 150 days after submitting your asylum application before applying for employment authorization. Once your application has been pending another 30 days, you are eligible for an EAD, or employment authorization document.
How to work in the US while your asylum case is pending
Whether you are seeking affirmative or defensive asylum, you can expect that your case will be pending for some time, thanks to a processing backlog with the United States Citizenship and Immigration Services. Don’t put your life– and your potential paychecks– on hold! Here’s how you can still work in the United States while your case is pending:
- File a Form I-765, also known as an Application for Employment Authorization, at least 150 days after submitting your asylum application.
- After another 30 days, if there are no delays requested or caused by the asylum seeker, you are eligible for an EAD.
- Employment Authorization Documents that are approved based on pending asylum cases are valid for 2 years.
- If you are granted asylum, you are automatically authorized to work.
- If your application is denied and you are not granted asylum, your employment authorization will end at the expiration date OR 60 days after your asylum application was denied, whichever is later.
Who is eligible for employment authorization?
Not every person seeking asylum in the US will be eligible to work. If you are considering getting a job while your asylum case is still pending, the following can help you determine if you are on the right track. Working together with an immigration attorney will ensure that you meet all deadlines while protecting your best interests. You may be eligible to apply for employment authorization if:
- You have already filed for asylum after your arrival in the US.
- You have attended all meetings with USCIS, all security checks, and biometric screenings.
- You are within the established timelines for a valid EAD (i.e. 150 days since asylum application).
Your immigration status as a refugee, temporary protected status, student, or nonimmigrant spouse will determine which documents you’ll need to submit with your Form I-765.
Stay on top of your immigration status with Laird Law
Navigating immigration law can be overwhelming, but you can stay on top of your pending case with the legal expertise of Laird Law. Submitting your asylum application is one thing, but the process of starting your life again can prove to be quite another!
Don’t let the technicalities of your case compromise your earning potential. To talk to someone about working while seeking asylum, contact us today! Our multilingual team offers virtual assistance and in-person appointments in New York and New Jersey.
