If you are seeking asylum here in the United States, you are likely eager to start working and establishing a life in the country. Given the lengthy asylum application process, it’s natural to wonder whether or not you can work while your application is pending. Please continue reading as we explore what you can do legally while your asylum application is pending and how an experienced Middlesex County, New Jersey Asylum Lawyer can guide you through this complex process.
What is Asylum?
First, it’s crucial to understand that asylum is a form of protection that allows foreign nationals to remain in the United States instead of being returned to one where they fear persecution for their race, religion, nationality, political opinion, or membership in a particular social group. If you are eligible to apply for asylum, you must file Form I-589, Application for Asylum and for Withholding of Removal within one year of your arrival to the U.S.
Can Asylum Applicants Apply for a U.S. Work Permit?
While your asylum application is pending in the U.S., you can work to earn a living to support yourself and your family. Foreign nationals are generally eligible to apply for an Employment Authorization Document (EAD) when their asylum application has been pending for 180 days. To apply for an EAD based on your pending asylum application, you will need to file Form I-765 150 days after you file your application. It’s important to note that you are not eligible to receive an EAD until your asylum application has been pending for at least another 30 days, for a total of 180 days. This is commonly noted as the 180-Day Asylum EAD Clock.
Along with your EAD application, you’ll need to file the receipt notice that shows the date when your Form I-589, Application for Asylum and Withholding Removal was received by either the Immigration Court or USCIS. If the receipt cannot be located, other evidence of having filed with USCIS, such as a notice scheduling your biometrics appointment can be submitted.
Keep in mind that if you are granted asylum, you are immediately authorized to work in the country. When your asylum application is approved, you will be mailed an EAD to your address of record. If you don’t receive your EAD within 90 days of your asylum grant, you should contact the USCIS Contact Center. In the unfortunate event that your asylum application is denied, your employment authorization will terminate when your EAD expires or 60 days after your application is denied, whichever is later.
If you are considering applying for an EAD while your asylum application is pending, it’s in your best interest to consult with a New Jersey immigration lawyer from the Law Offices of Adtiya Surti, LLC who can help you understand the eligibility requirements and ensure you properly file your petition. Connect with our firm today for guidance and skilled representation.
