Can I Work in the U.S. While My Asylum Application is Pending?

If you are seeking asylum in the United States, you may be eager to begin working and living in the country after traveling all over the world. The asylum application process can be lengthy so it is natural to wonder whether you can work while it is still pending. While you likely want to support yourself and your family during this time, whether or not you can begin working in the meantime depends on a variety of factors. Read on for more information and consult with a knowledgeable immigration attorney in NYC to obtain skillful representation and legal advice.

Can I Work in the U.S. While My Asylum Application is Pending?

Yes, it is possible for you to work and make money in the United States while your application for asylum is pending. This can be done by receiving employment authorization. You can receive authorization by filing Form I-765, the Application for Employment Authorization.

However, it is important to understand that not every applicant will be eligible to begin working. You have to meet certain criteria including the following.

1. File your application: To begin working you must have already filed for asylum and received notice from the USCIS that your application was received.
2. Waiting period: You must also wait at least 150 days after filing your application before you can apply for employment authorization. The 150 days begins on the date that the USCIS receives your completed application, Form I-589, the Application for Asylum and Withholding of Removal. Although you can file after 150 days, you must wait an additional 30 days before you can receive authorization.
3. No delays: It is important to note that any delays in the processing of your asylum application will result in the waiting period being paused. If you reschedule your interview, fail to appear at appointments, ask to transfer to a new location, etc., it will not count toward the waiting period, and your ability to obtain employment will be delayed.

How Can I Apply to Work?

Once the 150-day waiting period has passed, submit Form I-765, the Application for Employment Authorization. In your application, you will need to provide evidence and documentation including:

• A copy of your asylum receipt notice
• A copy of your Arrival/Departure records
• Completed Form I-765
• Proof of identity like a passport or ID card

Depending on the circumstances of your asylum you will likely be required to provide additional documentation along with your application. If approved, the USCIS will issue you an Employment Authorization Document (EAD) which allows you to work legally in the United States while your asylum application is being processed. EADs can be valid for up to 5 years, after which you can apply for a renewal if your case is still pending.

For more information on how to obtain employment authorization in the U.S. during your asylum application, reach out to a skilled attorney at the Law Office of Cheryl R. David today.