Work Permits for Asylum Seekers—Some Good News

The new Administration has raised anxieties in immigrant and asylum seeker communities. In part, this is because of President Trump’s rhetoric (and rhetorical style) during the election. And in part, it’s because we just don’t know what to expect from a Trump Administration. Rumors have been flying: Will there be some sort of Muslim ban? Will the President repeal DACA? Or will he (and Congress) create a permanent legalization for DACA recipients? Mr. Trump will be issuing some executive orders later today banning Syrian and other refugees from coming to the U.S., and restricting visas for people from certain Middle Eastern countries. How this will all play out, we shall see.

Filling gaps is a good thing.

But amidst the uncertainty, there is some good news related to work permits—or Employment Authorization Documents (“EADs”)—for asylum seekers.

First, last fall, the government started issuing two-year EADs instead of one-year EADs to people with pending asylum cases. This was a helpful development. It saves money since applicants now only have to apply for a new card every other year. It also makes it easier to obtain and retain employment, since employers feel more confident hiring people who have a longer period of authorized employment. In addition, many states issue driver’s licenses that correspond to the dates on the EAD, so a two-year card means a two-year license. All this helps ease the wait for people seeking asylum.

Second, last week the government issued new (and long anticipated) regulations “to help prevent gaps in employment authorization”:

DHS is providing for the automatic extension of expiring EADs (and underlying employment authorization, if applicable) for up to 180 days with respect to individuals who are seeking renewal of their EADs (and, if applicable, employment authorization) based on the same employment authorization categories under which they were granted.

This means that when you file to renew your EAD, your card will be automatically extended for 180 days once you receive the receipt (it usually takes three or four weeks to get the receipt). This is an important development, since USCIS has been taking months to process EAD renewals, and people were losing their jobs and driver’s licenses while they waited for their new EADs.

The automatic EAD extensions apply to refugees, people with asylum, and people who have pending asylum or withholding of removal cases, among others. You can see the new regulations here (see page 82491, the second to last page of the PDF) and here (page 82455, footnote 98, which lists the categories of people eligible for the automatic EAD extension).

Also, remember that you can apply for a new EAD up to 120 days before the old card expires. Even with the most recent change, it is still a good idea to apply early for your new card, so you receive the replacement EAD as soon as possible.

And here’s one last tip for today. If you cannot afford to pay for the new EAD (fees recently went up), you can request a fee waiver from USCIS, which—if granted—allows you to obtain a new EAD without paying the fee. To apply for a fee waiver, use form I-912, available here.

I have written many times about the affirmative asylum backlog. It has been a real disaster for asylum seekers—especially those separated from their family members. The recent changes to the EAD process, during the waning days of the Obama Administration, have at least made one aspect of the wait easier, and for that, we can be thankful.

[Update 03/27/17: USCIS has published a helpful summary of the categories eligible for the automatic extension here. They also created a useful Fact Sheet, available here.]

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1,247 comments

  1. Hi, Jason
    If I applied for asylum from CA and I got my EAD and now I am living in PA and got my social and DL from here,
    My question is could I let my process keep going on in CA while I am working here and do the interview there in CA.
    Or they gonna ask me any proof of residence in CA.
    Thanks in advance

    Reply
    • If your DL is in PA, it sounds like you have made a permanent move to PA, and you should file a change of address form (AR-11, available at http://www.uscis.gov) with the asylum office. Your case will then be moved to a new asylum office. If you do not update your address, the asylum office in CA might think you are lying about your address, and this could affect your case (if you are lying about your address, maybe you are lying about your case). Take care, Jason

      Reply
  2. Hi Sir,
    I apply my EAD there are 1 month and 24 days but I still don’t have any answer from them beside my first notification. Do I need to call them and figure out?

    Reply
    • I think it is too soon for that. If you have the receipt, they should process the case. We see such cases take 2 to 4 months, on average. Take care, Jason

      Reply
  3. Hi Jason

    i applied for asylum and included my husband and kids in the application. i went for my biometrics and received a receipt dated 10/04/16 which means i can now apply for my work permit right? Unfortunately my husband had to reschedule his biometrics appointment which took about 3 months for him to get another date. Finally he went for his biometrics on 02/08/17. He has not received any acknowledgement of receipt and am not sure if he gets his separately? Should we make a follow up? And am i now eligible to apply for work permit and what about my husband case?

    Reply
    • You should be eligible now to apply for the work permit. I think he should be eligible for the work permit too, despite the problem with the biometrics. Anyway, he might as well try, as it is free to apply. Take care, Jason

      Reply
  4. I file I 589 for asylem on Dec 06 2016 and start counting the long 150 days for work permit. However I got finance problem. Is there any problem working without work permit on my asylem case?if l work like in store.

    Thank you

    Reply
    • Such work is not legal. However, there is no effect on your asylum case from working without permission. Take care, Jason

      Reply
  5. Dear Jason,
    My EAD has been denied and am waiting for letter to see the reason of denial. I checked my asylum status online and have no status updated. I contacted my lawyer, he said its an indication that my asylum case will be rejected as well and suggested me to leave the country as soon as possible. Please need your opinion whether i should return back to my home country or not? or should i wait for my asylum case decision?

    Reply
    • I answered this already, but I think you absolutely should not leave the country. I think something is wrong, and I think your attorney’s statement is very suspicious. You should have another lawyer investigate what is going on, to see whether your attorney has messed up the case and maybe just wants you to leave in order to avoid responsibility for a mistake. Take care, Jason

      Reply
  6. Hi Jason,

    Thank you again for your help for those in-need. I have applied for EAD renewal and send a check $820 (for my spouse and myself). They rejected my application stating the application fee in no correct. My question is, do I have to pay only $410 as I am primary asylum applicant or do I have to send separate two checks?

    Look forward your reply
    Thank you again

    Reply
    • You should have sent two separate packets – one for each person. Each packet should have its own check for $410. Take care, Jason

      Reply
      • Thank you!!

        Reply
  7. Will the 180 day extension also allow me to renew my drivers license if my card has expired while im currently waiting for the new one?

    Reply
    • It should, but each DMV is different and you may need to educate your DMV about the 180-day extension (which is relatively new). Take care, Jason

      Reply
      • Have you heard of any cases where the dmv has approved the extension for the 180 days? I tried last week and according to her the system automatically gives her an expiration date within her system presumably based on your ead expiration date

        Reply
        • Not from my clients, but people have reported it here. If she refuses to extend it, I think you should try to talk to a supervisor, since the automatic extension makes you eligible to work, and they should give you an extended license too. Take care, Jason

          Reply
  8. Hi jason,

    I had my asylum interview along with my wife and 6 years old daughter on feb 9th 2017, asylum officer called me again for second interview on march 3rd, 2017, at end of the interview he took copies of our passport including visa & arrival record. After second interview AO told me that they will send the decision through mail within few weeks. However, I have seen lot of people are waiting for their result for months & years. My current EAD will expire july 2017. My question is, if i don’t get my decision before july, how can i apply for my ead renewal and what will be the “eligibility category” (question number 16. in EAD application form)? Appreciate if you please reply. Thanks
    Mohammad.

    Reply
  9. Hi jason,

    I already had my asylum interview along with my wife & 6 years old daughter on feb 9th, 2017. AO again called me for second interview on march 3rd, 2017. Asylum officer told me that they will mail my decision within few weeks. however, i have seen lot of people are waiting for their decision for months, years. My question is, my current EAD will expire in july, how can i apply for a renewal if i don’t get my decision by the time of my current EAD expire. also what will be the “eligibility category” ( question number: 16 of EAD form)? appreciate if you please inform. thanks

    Reply
    • Hi sir,
      I apply my EAD there 2 months ago but I still don’t get my EAD. Can I get an interim social security number to looking for jobs.

      Reply
      • I doubt you can get an “interim SSN.” I have never heard of such a thing, and in any case, you need the EAD – and the SSN – to work. Most people get the first EAD in 2 to 4 months, so hopefully, you will have it soon. Take care, Jason

        Reply
    • You still have a pending asylum case, so you apply for the new EAD as you did for the old EAD, though you need to mention the old EAD and follow any instructions related to renewing the EAD. If asylum is granted, you should automatically receive a new card. Take care, Jason

      Reply
  10. Hello Jason

    My old ead will expire in March 21, i applied for new card, i got letter to say case was moved, then another letter saying case was moved, one more letter saying they recieve, Now i dont have new card yet. Do i need to stop working? I dont have no card.

    Reply
    • If the old EAD is based on asylum pending, and the new EAD is based on asylum pending, your old EAD is automatically extended for 180 days, so you can keep working. In the post above are some links to the federal register that might be helpful to show your employer. Take care, Jason

      Reply
      • Update

        Jason so today i went to get my drivers license, extended. The fist lady that helped me, was mean & didnt understand, even when i show her about 180 day letter of extension. Luckly there was a employee that hear my conversation & came to help me. They extend my drivers too 1 year. Tomorrow i will go to my work to let them know of my extention. Thank you for advise on your site. Anytime i need help i just read & you answer. May you be blessed.

        Reply
  11. Hi Jason,
    Firstly, thanks for the free knowledge you are sharing with all the people.
    I am an asylum applicant and I just had my interview. Unfortunately the interviewer referred my case to immigration judge. My work permit is expiring in few months and the wait for the court date can go to several years. Can I still renew my EAD card even though it has been refereed to an immigration court?
    Thanks in advance.

    Reply
    • That is unfortunate news, sorry. You can renew your work permit as before. Take care, Jason

      Reply
  12. hi Jason
    i am Iraqi asylum applicant and i have received my EAD , i want to apply for SSN but am reading that they will need a valid passport to issue the SSN, mine has expired already and the Iraqi embassy won’t let me issue a new one unless i have GC.. can you please advice me.

    Reply
    • My clients have been able to get the SSN with a work permit. Ask the Social Security office and maybe they can help you. Take care, Jason

      Reply
    • hi Tamara

      will you leave me your email so that i will contact you
      i been thru the same situation ill let you know what to do
      thanks

      Reply
  13. My asylum case is pending… since I have been granted for work authorization in 2013 and 2014 , after that I have been denied in 2015 and 2016…reason being given that my EAD CLOCK is stopped at 93 days. …I really don’t understand that why this has happened. ..Need your help.

    Reply
    • Something is wrong. If you got an EAD in 2013 and 2014, it means that your clock has already reached 180 days, so even if the clock stops, you are still eligible for your EAD. You need to talk to a lawyer to investigate what happened and to try to help you. Take care, Jason

      Reply
      • Hi Mr, Jason
        Thank you so much for your reply regarding my EAD CLOCK. …I tried to reach my attorney so many times but she said that she has written so many emails to administration but didn’t get any update.

        Reply
        • Hmm – it can happen this way. Maybe she can go to the court and ask in person, or maybe file a motion with the Immigration Judge to try to get some more attention. Good luck, Jason

          Reply
  14. Hi Jason!

    Let me know please.
    If i dicide to travel out the US with my F1 visa to go to France . Do i need to take or ask a permission to the Homelands security ? Because I have an asylum application pending.

    In short, could or not i travel to France just with my F1 visa(France it is not my birth country)

    Thks in advance

    Reply
    • If you leave and try to re-enter on an F-1 visa while you have an asylum case pending, you could be denied re-entry, or detained and your case moved to immigration court. The F-1 visa requires that you leave at the end of your studies, but since you have filed for asylum, USCIS knows you do not plan to leave. Thus, asylum and F-1 are in conflict and they may not let you in (or they may let you in and detain you or otherwise send you to court). You should get Advance Parole (form I-131, available at http://www.uscis.gov) and use that to re-enter the US when you come back. That is safer. Take care, Jason

      Reply
  15. Hi Jason,
    Thank you for the great job you are doing here.
    My 150 days will be on April 3. Please I would like to ask,
    When filling the form for the EAD, can i enter my new address or do i have to change the address with USCIS first.
    The address on my asylum application is my parent’s address and still valid. I just want my EAD mailed to my new address where i moved with my family in same state and also use my present address for SSN application once the EAD arrive. Will this be possible and will it have any effect on my submitted asylum application?

    Reply
    • It is better if the address on the EAD application and the asylum application is the same, so I think you should try to make them the same. If they are different, you will probably still get the EAD (at whatever address you list on the I-765), but it may cause issues for the asylum case if they think you are not being honest about your address. Take care, Jason

      Reply
  16. Dear Jason,
    I applied for asylum in 2013 and finally on January 2016 I had my interview. The immigration officer said he will send the decision in mail and I have been waiting since. There has been no response. I also filed for TPS since I was eligible before the interview. Now neither TPS nor asylum decision comes. When inquiring the lady in the reception says they have been waiting on my TPS paperwork, they have been saying it for a year now. I don’t know own what to do.
    How long do I have to wait for the decision? Please help. Thank you

    Reply
    • It is taking longer than I would expect, though sometimes, there are such delays with TPS (such delays are pretty common for asylum cases). For the TPS case, I recommend that you make an InfoPass appointment (at http://www.uscis.gov) to ask USCIS about your case. After that, if you do not get a satisfactory answer, you contact the USCIS Ombudsman, a link is at right. That office can help with delayed cases. As for the asylum, you can inquire directly with the Asylum Office. You can find their contact info if you follow the link at right called Asylum Office Locator. You can also inquire with the USCIS Ombudsman about the asylum case. Take care, Jason

      Reply
  17. Hi jason,
    Now sice i am eligible to apply for a work permit on 9th of April for the first time,can i change my adress before that date and will this affect my clock and if i want to change then what is the procedure for it? Thankyou for all your recent suggestion which always is very helpful. Thankyou

    Reply
    • You can change your address, and it should not affect the clock (according to USCIS). However, if changing the address causes you to move the case to a new asylum office, I recommend you wait to move until you get the EAD, if possible. Although changing offices should have no effect, you never know, and it is safer to wait until you have the EAD in your hand. Take care, Jason

      Reply
  18. Hi Jason’ I’m swath I filed asylum on 18 Jan 2017 got my biometric on February 22 2017 can you please let me know how much time will I be getting my EAD

    Reply
    • Check your asylum receipt, which tell you the date USCIS received the application. You can apply for the EAD 150 days after that date, and it usually takes 2 to 4 months to get the EAD after you apply. Take care, Jason

      Reply
  19. Hi Jason,
    thank you for replying each and everyone doubt.
    i am in a f1 and i have applied for asylum. I have received my work permit, waiting for my interview and i am still in f1 status. i go to college . Can i get a opportunities to study in resident price or not? and what happen if i get rejected in my first interview? really looking forward to hear from you. thank you

    Reply
    • Most people seem to pay out of state tuition unless they win their case, then they become in-state (at least that is what I have seen for my clients who live in the Washington, DC area). If you lose the case and you are still in valid F-1 status, you will get a detailed letter explaining why you are being denied, and you can have 16 days to try to rebut that letter. If you are still denied, you just continue as an F-1 student. If you are no longer a student and asylum is denied, your case will be referred to an Immigration Judge, where you can present your case again. Take care, Jason

      Reply
  20. thanks for great article .. mu question is
    am with pending asylum my EAD will expire on 5/17
    and my driver license too , and i just applied for renew my EAD
    on 7march 2017 , when i get my receipt for 180 extension
    can i use it to renew my Driving license in Fargo North Dakota DMV therefore my company that i work for they aware about
    new updates about EAD 180 so no issue with them .. thanks in advance

    Reply
    • I do not know about the DMV in ND, but you should be able to. If they say no, you may need to ask for a supervisor and explain the new rule to them (that the receipt extends the validity of the old EAD). Take care, Jason

      Reply
      • thanks Jason

        Reply
  21. Jason,
    They granted me asylum couple weeks ago, and they girl at the reception informed me that they have already sent a new EAD card to me, but I still did not get. How long it will usually takes or I maybe I did not get it her and I have to apply for it ?

    Reply
    • It should not take long; usually a few weeks or at most a few months. If you do not get it, and you have your asylum approval, I suppose you can apply for a new EAD. However, I would check with the asylum office about this first to see if they know why you did not get the new EAD. Take care, Jason

      Reply
  22. I recieved a receipt from the USCIS dated 9th of November 2016 that they received my file on that date. Now with all these travel ban and 120 days immigration services halt, will this affect the asylum clock and i even gave my biometrics before the last date that was suggested in the biometrics mail, when will i be eligible to apply for the work permit? Plz help me with these two questions.
    1. Will the new ban and services halt, stop or delay the astlum clock?
    2. As I received my USCIS receipt dated 9th november 2016, when am i eligible to submit an application for EAD and i have not delayed anytime even for the biometrics?

    Thankyou and I always read every of the post and answers in your forum and this is the first time i am very much convinced with your answers that i ask you today. Thanks jason….

    Reply
    • You can apply for the work permit 150 days after your asylum case was received. The travel ban has no effect on you. You should be eligible to apply around April 9, 2017. Take care, Jason

      Reply
  23. Hi jason,
    I have a quick question I am on visiting visa (B1,B2) and it has been 4 months since I am here in USA.when am I eligible to apply for an ASYLUM request as I doo have THREAT back in my country and the required documents and proofs.

    How long is the ASYLUM process going to be until I can have the GREEN CARD .THANK YOU

    Reply
    • If you plan to file for asylum, you should do so before one year in the US; otherwise, you may become ineligible. The process is unpredictable – it usually takes a few years. Check the Asylum Office Scheduling Bulletin – a link is at right. If you win asylum, you can apply for a green card one year later. Take care, Jason

      Reply
  24. Hey Jason

    Please i really need information about this:
    My asylum application is still pending, and my current status is F-1
    In this case, if i plan to take a vacation maybe in July to go to France, can i be able to travel (go out and return)
    In the US with my F-1 visa ? Or I need to ask for a travel document !?

    Thank you in advance

    Reply
    • Attorneys may disagree about this, but I think you are far safer to get Advance Parole (form I-131, available at http://www.uscis.gov) before you travel. If you have an F-1 visa, you have promised to leave the US at the end or your studies. This is not compatible with asylum, where you are asking to stay permanently. If you have AP, you will be able to re-enter; if you only have an F-1, you could be denied and/or detained upon re-entry. Take care, Jason

      Reply
  25. Dear Sir,
    Appreciate your efforts and time. can u let me know anyway if i could transfer from asulum ead to green card?? Like asylum to eb3 and after three years green card?or any other possible way to get GC.

    BR
    ASHIR

    Reply
    • It may be possible, but it depends on the case, and often, you are required to leave the US to get the GC, which may or may not be possible. In short, if you have a path to a green card, you should talk to a lawyer to see how to do it. Take care, Jason

      Reply
  26. Hi jason
    Whats the procedure for asylum in the usa and what are the durations?

    Reply
    • Hi sir,
      I filled up for my EAD there are one month and one week. I got my first notice the february 13, but I still don’t get my EAD or any notice again. Does my EAD are being denied?

      Reply
      • It usually takes between 2 and 4 months to get the EAD, so if you have the receipt, you should probably be fine. Take care, Jason

        Reply
    • I cannot answer such a question here – it is too long. A good place to start is the asylum form, form I-589, available at http://www.uscis.gov. You can take a look at the instructions and it gives you an idea about the process. Take care, Jason

      Reply
  27. Hi Jason,
    My asylum application was filed to USCIS by a lawyer 152 days ago, can I apply for the EAD/I765 myself or do I have to ask the lawyer to do it on my behalf? I looked at the I765 application and it’s really easy to fill and I believe I can save the time and send it myself.

    Reply
    • We recommend our clients do that themselves, as it saves them money and it saves time for us. I do think you should keep a copy of everything you send to USCIS and also inform your lawyer that you are doing the application, so you are all on the same page. Take care, Jason

      Reply
  28. HI, our case for asylum is pending for 3 years, my question is in case if the interview is denied , and my kid is born in US, they will take my kid and deport me?

    Reply
    • If you have a US citizen child, they will not deport the child, but they can still deport you, and most likely you will take the child with you. If your case is at the asylum office and you lose, you do not get deported. Instead, you go to court where you can present your case again. If you win, you can stay, if you lose, then you are usually ordered deported. You can appeal that order, so there are normally a few layers of protection before you have to leave. Take care, Jason

      Reply
  29. Appreciate Mr Jason for your free knowdge sharing with help less people thank you so much

    Reply
  30. Hi mr jason i want renew my work permit based on asylum i765 category c8
    How mush cost fee ..in web site uscis it show 465$ but when i call immigration thy say its 410$ im confused
    And do i fill up the i765 alone to renew work permit or there is another doc to submit with ?
    Thanks

    Reply
    • Sorry, I cannot answer specific questions about what to include when you file a form. According to the I-765 website, the biometric fee is not required for people with asylum pending, so the fee is $410. Take care, Jason

      Reply
  31. Hello Mr Jason

    Currently my husband is applying for asylum. Im here with him in the USA and we can apply for the EAD since already passed the 150 days since we applied for assylum. My question is, Do i have to apply for a EAD by myself and pay the $410 or my EAD will be included in my husband EAD. Were confused and will appreciate any help.

    Thanks

    YEny

    Reply
    • You must each file your own EAD. However, if this is the first time filing for an EAD based on the pending asylum case, you do not have to pay the fee. Take care, Jason

      Reply
  32. Hi jason,

    I have wuestion about adylum application. I already done my fingerprints in dec 18 th 2016. Now how long i have to wait to apply work permit?

    Reply
    • It is unknown. You can get some idea by looking at the Asylum Office Scheduling Bulletin – a link is at right. Take care, Jason

      Reply
    • Hi sir,
      I am asylee pending and I am still waiting for my interview but it seems like it will take at 1 to 2 years again. my fiance who is at home isn’t in my asylum pending case. Can i insert her name?
      What can be the best way for her to come easily in USA? As student or other?

      Reply
      • Unless you are legally married, your finance cannot be listed in your asylum form as your wife, and you cannot bring her to the US if you win your case. If she can come to the US, she can marry you and join the case. There are many ways to come to the US – student, worker, tourist – it just depends what she is qualified for. You might want to talk to an immigration lawyer for help with that. Take care, Jason

        Reply
  33. Hi Jason,
    May I ask that I am currently under I-589 pending and I just mailed my documents to renew my work permit yesterday but my work permit would expire 4/18. I saw here that my work permit would get an automatic extension of 180 days after I received the receipt, is that true? Cause I am so worried about my job right now that I could get fired if my work permit expired. Or do I have to wait about 90 days to get the new work permit and work ?
    Can you advise me please ? Thank you so much Jason

    Reply
    • As discussed in the posting above, the receipt automatically extends the work permit. I provided links to the government website as well. Take care, Jason

      Reply
  34. Hey Jason!

    How long do you think it will take for USCIS to mail a new EAD after they said they ordered it?
    I just checked my status and it now says they have ordered my card on feb 17 and that they will mail it.
    Thanks!

    Reply
    • Hey Sir,
      I submit my EAD application with without my birth certificate, and my visa. I got my first notice already. Does USCIS will require me those document before to approve my EAD or they will send me it basing the document that i provide to them.

      Reply
      • You have to check the form I-765 about what documents you need to submit. If you forgot to send something, USCIS will send you a letter requesting additional evidence. Take care, Jason

        Reply
    • Probably 2 to 4 weeks, though it is not always predictable. Take care, Jason

      Reply
  35. Hello Jason,
    We are awaiting the 150 days to be over before we can apply for the EAD. What are the things that i am allowed to do in this time period? Can i do an Internship or a Training? We are educated and have always loved working but without EAD’s…we are going crazy and want something to do…please advice.

    Reply
    • I do not know your current status, but you should be able to do volunteer work. As long as you are not paid, it is allowed. Also, if you work for cash, it does not affect your asylum case (though it could affect other applications that you might make, if you are eligible for any). Take care, Jason

      Reply
    • Hi
      I am facing same .I am with my family wife n 2 baby girls I applied my case in Nov 2016 . I have to wait 150 days still 57 days pending . I am notable to do any work. Without work I am going crazy . Pls suggest is there any way to earn some money for expenses .
      Thank You

      Reply
      • If you work unlawfully, it has no effect on your asylum case. Also, potentially you can start a business and try to earn money that way – some people start cleaning or babysitting business, for example. Take care, Jason

        Reply
  36. Hi Jason,

    I applied for Asylum and my priority date is Oct 2016. I will be able to apply for my work permit in March. Do you know if in the meantime I can apply for a drivers license? Or will I need to wait to get my work permit?

    Thanks.

    Reply
    • Some states allow people to get a DL with the asylum receipt and proof of residence; other states require the EAD. Ask your DMV or check their website and maybe you can find out. Take care, Jason

      Reply
  37. Hi Jason
    how are you?hope good.How will we get a new drivers licence with the this new extention policy since we have only the receipt and not the actual EAD.Do you know if we will be able to get our driver licence extended with just the reciept.

    Reply
    • I do not know, as each state is different. I do think it is worth a try – Maybe take copies of the pages from the Federal Register that I listed in the article above and ask the DMV about the extension. If they refuse, you might ask to see a supervisor, since the receipt now extends the EAD. I doubt that most DMVs are aware of this rule, as it is very new, so maybe you will have to educate them. Let us know what happens. Thank you, Jason

      Reply
  38. Hi Jason.

    Is there any possible way to apply/obtain for an EAD before the 150 day wait period?

    Reply
    • Not based on asylum pending – it is written into the statute and the regulations. Take care, Jason

      Reply
  39. Hi Jason. I have filed for my initial EAD for pending asylum application 30 days ago. When I tried to check my case status USCIS doesn’t recognize my receipt number.
    my question is:
    1. Does USCIS send acknowledgment of my application letter?
    2. When can I receive my EAD.
    Thanks.

    Reply
    • EADs normally take 2 to 4 months, but you should have received a receipt in 3 or 4 weeks after filing. If not, make sure you sent it to the correct address, and maybe you can call USCIS to ask about the status using your Alien number and your name. You can find their phone number on their website, http://www.uscis.gov. Take care, Jason

      Reply
  40. Jason, thank you for everything. I commented before to say this, I’m doing it now, and I will likely do it again in the future. You are really a huge force for good. Thank you, man.

    Reply
    • Thanks – it keeps me out of trouble, at least. Take care, Jason

      Reply
  41. Dear Jason
    I have a question my clock stopped 8 years ago because my attorney did not file change of venue and I did nor appear at the court..now they are saying u cannot get my EAD since my clock is completely stopped…I have been living without EAD for last 8 years…is there any suggestion u can give so I Caan get my clock restart and get my EAD?

    Reply
    • I cannot tell from your question whether it is possible or not, as I would need a lot more info. But the rules regarding the clock have changed several times in the last few years, and it is now easier to make the clock start moving. You should talk to a lawyer about this to see if the lawyer can stat the clock again. Take care, Jason

      Reply
  42. Hey!
    what will be the different between an asylee pending who submit his EAD at 150 and those who wait more than 180 days before to submit. for example be waiting 3 months after 150 days and submit, when can I expect to get my working permit.
    Also, does a firstasylee applicant will pay filling fees even he is F-1?

    Reply
    • The first time you apply for an EAD based on asylum pending, you do not need to pay the fee. There is usually no difference in the wait time from the date you file until the date you get the EAD card, whether you file at 150 days, 180 days or 500 days, it should be about the same. Take care, Jason

      Reply
      • I filled up the EAD application there are 2 weeks ago, but I still don’t get a notice from them. When can I expect to get my first notice and get my EAD card too.
        My application was received janauary 30, 2016.

        Reply
        • It normally takes 2 to 4 weeks to get the receipt and the EAD arrives in 2 to 4 months. So it seems to me that there is nothing to worry about in your case at this time. If you do not have the receipt in another 2 weeks, then you can start to worry, but I suspect you will get it. Take care, Jason

          Reply
  43. Hey everyone still awaiting their asylum interview or asylum decision, I just wanted to check in on you guys and give you guys some moral support. Just like you, I was once in that place. I had my interview in April 2014 and waited for nearly 2 years to get my approval decision in March 2016. Those 2 long years seemed like forever to me. It took me consistent visits every month to the Asylum office in Arlington VA until my persistence finally paid off. By next month, I’d be adjusting my status to obtain green card (1 year after the grant of asylum) and have begun my medicals and started filling out the paper work. The 2-year EAD rule is a welcome development and makes employment easy on those awaiting interview/decision. Keep hanging in there everyone, it may seem like forever but when you finally get the asylum it is worth every sweat and effort you’ve made. Cheers

    Reply
    • Thank you for sharing that, Jason

      Reply
    • Hi Mekus,

      Thanks a lot for sharing your experiences and journey with us. It definitely made me, and I am sure for others here as well, feel better and much better informed about the process. It is great that at least your long wait turned out to be worthwhile in the end. Congratulations and all the very best with your new journey!

      Reply
  44. Hi Jason,

    Thanks so much for the wonderful blog. You are like the light at the end of a dark tunnel for many of us in this blog. Could you please explain this confusing asylum EAD clock?

    1. My asylum clock stopped at 328 days due to rescheduled interview. Now, will my EAD clock restart at day 328 on the day after my rescheduled interview? Or will it start all over again from day 1.
    2. Since USCIS letter shows 328 days, can I apply for EAD just after I appear for rescheduled interview? Or should I wait for 150 days again to pass before EAD renewal?

    Thank you and God bless!

    Reply
    • 1 – If the asylum clock passes 180 days, you are eligible for the work permit. It does not have any effect if the clock stops after that, so your clock has no more effect and you are now eligible for a work permit. 2 – You can apply now. Take care, Jason

      Reply
      • Thank you so much for clarifying this confusion, Jason. Your kindness and help is very much appreciated. God bless you and your family always!

        Reply
  45. I was checking USCIS website and you could file the renewal application up to 180 days instead of 120 days before your original EAD expired.

    Reply
    • I have not heard about that before. Could you please send a link? Thank you, Jason

      Reply
      • Hi Jason
        The link below is from USCIS, and in the renewal section It talk about the 180 days
        https://www.uscis.gov/green-card/green-card-processes-and-procedures/employment-authorization-document

        Reply
        • Interesting, I had not see that before. The sentence “Generally, you should not file for a renewal EAD more than 180 days before your original EAD expires” is a bit unclear to me. What do they mean by “generally”? Anyway, it does look from this like you can file to renew 180 days before the old card expires. This page was updated on February 1, 2017, so maybe this is a new rule. Thank you for sharing it, Jason

          Reply
          • And effective 12 a.m. Eastern U.S. time, December 23, 2016, the filling fee is 410$ instead of 380$

  46. Do I need to renew the eads for my kids,since they are not working.thank you.

    Reply
    • That is up to you. It is a form of ID, but typically children do not need ID. I suppose it depends how old they are, and whether you think they need an ID. Take care, Jason

      Reply
      • My kids are ages 7and 5.they already have social security and since we are renewing our eads do they also need to renew theirs?thanks

        Reply
        • If they do not need a valid ID, then whether you renew their EADs is up to you. Normally, young children do not need EADs. Take care, Jason

          Reply
  47. Hi Jason

    One quick question I sent my ead renewal pending asylum on Dec 15. On dec 30th received receipt notice my case was being transferred to Potomac Service Center in VA. Do they process ead here for asylum because online it says this service center only processes ead for OPT F1 students thank you very much

    Reply
    • USCIS commonly transfers work permit applications around, depending on their workload, so that is probably normal. Lately, I have been hearing about many such applications that have been transferred to VA, so I think you will be fine. Take care, Jason

      Reply
    • I would say that the transfer is a good thing. The Potomac center is a new USCIS center and they have been pretty fast in producing EADs on time. I would consider that a good thing and hope for the best.

      Reply
  48. Hello Jason, appreciate your sincere anwers to questions. Myself & wife want to renew our EAD for pending asylum application which will expire in June. But my lawyer said I won’t pay money for renewal. He is not also filling for fee waiver. How possible & true is that?

    Reply
    • My understanding is that you pay for renewals or do a fee waiver. I suppose you can double check the instructions to the form I-765 to see if they say anything different from that, but that is my understanding. Take care, Jason

      Reply
  49. .

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  50. Jason
    i filed for my asylum in November last year , so far i have 3 months in USA and i am not from the 7 countries, since the Executive order suspended all Asylum cases, does this also stop my process that is already in? how many days do i have to wait to apply for Work Authorization because some articles say 120 , 150, 180 days .

    Reply
    • The EO did not suspend asylum cases (it suspended refugee cases) and so your case should not be affected. Even so, asylum cases are very slow, but that is not related to the EOs. Take care, Jason

      Reply

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