Restrictions to Work Authorization for Asylum Applicants to Begin on August 25,2020

USCIS announced a final rule modifying DHS’s regulations governing asylum applications, interviews and eligibility for employment authorization based on a pending asylum application.

Applicants for an initial or renewal employment authorization document under the (c)(8) eligibility category must submit biometrics and pay the biometric services fee. There are also new questions applicants must complete based on a pending asylum application. USCIS will not accept Applications for Employment Authorization postmarked on or after Aug. 25, 2020, if you do not file them with the updated edition of Form I-765 and I-765WS and the correct fees.

What you have to know when you send the form:

The current edition of Forms I-765 and I-765WS, dated 12/26/19

  • If it is postmarked before Aug. 25, 2020, we will continue to accept the 12/26/19 edition.
  • If it is postmarked on or after Aug. 25, 2020, we will not accept the 12/26/19 edition.

The updated edition of Forms I-765 and I-765WS, dated 08/25/20

  • If it is postmarked on or after Aug. 25, 2020, we will accept the 08/25/20 edition.
  • If it is postmarked before Aug. 25, 2020, we will not accept the 08/25/20 edition.

With the new EAD regulations, DHS is introducing dramatic changes to asylum applicants’ eligibility to seek an EAD under the C(08) category. These changes include:

  • 365-day Waiting Period: The new rule entirely eliminates the Asylum Clock and doubles the mandatory waiting period for a C(08) EAD after applying for asylum to 365 days instead of 180 days. If the asylum application is denied before the end of the 365-day waiting period, the C(08) EAD application will be denied.
  • No Employment Authorization if Fail to Apply for Asylum Within One-Year Filing Deadline: Under the U.S. asylum law, in order to be eligible for asylum, an individual must file their asylum application within one year after entering the United States, unless an exception applies. Under the new rule, an asylum applicant is not eligible for a C(08) EAD if they file the asylum application after the one-year deadline, unless and until an asylum officer or immigration judge determines that an exception applies and that the applicant filed for asylum within a reasonable period of time under the circumstances. This represents a major shift in policy because it means that the many asylum applicants who apply for asylum on or after August 25, 2020, and more than one year after they entered the U.S. will be unable to receive work authorization until and unless they are able to establish an exception to the one-year filing deadline at their asylum interview or with the immigration judge. Please note that this restriction applies only to asylum applications filed on or after August 25, 2020.

With information of USCIS and