If you look at the processing times on the USCIS Texas Service Center website, you will see something interesting. The website indicates that USCIS will complete an asylum seeker’s I-765 form–the application for an Employment Authorization Document or “EAD”–in three weeks. Perhaps USCIS views this time frame as aspirational. I view it as metaphorical. Or maybe delusional.
The reality is that EADs are not processed in three weeks. If you’re lucky, it will take three months. If you’re not lucky, it may be a lot longer than that. Indeed, it seems of late that processing times for EADs have become much slower. As a result, some of our clients have lost their driver’s licenses (which are tied to the EADs) or their jobs. The problem has caught the attention of the American Immigration Lawyers Association, which is investigating (and if you are an attorney whose client’s EAD is delayed for more than 90 days, you can report it here).
So why is this happening? As usual, I have no idea. USCIS doesn’t explain such things. What can be done about it? A few things:
– If you are filing to renew your EAD, you should file as early as possible. The instructions indicate that you can file the application 120 days before your old card expires. That would probably be a good idea. However, you should be careful not to file any earlier than 120 days ahead of time. EADs filed too early might be rejected, which will result in further delay (because you have to wait for the rejection notice and then re-file).
– If you already filed for your EAD and the application has been pending more than 75 days, you can contact USCIS customer service and ask that an “Approaching Regulatory Timeframe ‘service request’ be created.” Supposedly USCIS will route the service request to the appropriate office for review. You should note that if you receive a request for evidence and then respond, the “clock” starts over for purpose of calculating the 75-day period. You can see more about the obscure and exciting calculation of the 75-day period here.
– If you are applying for your first EAD based on a pending asylum case, you can file 150 days after your asylum application was initially filed (the date of filing is on your receipt). However, if you have caused a delay in your case (by rescheduling an interview, for example), the delay will affect when you can file. The I-765 instructions explain how applicant-caused delay affects eligibility for an EAD. Please note that the 150-day waiting period is written into the law and cannot be expedited.
– If your case is in Immigration Court, and you cause a delay (by, for example, not accepting the first hearing date offered to you), the Asylum Clock might stop, and this could prevent you from receiving an EAD. I have written about the dreaded asylum clock before, but if you are in court, you’d do well to consult an attorney about your case and about your EAD.
– If you entered the country at the border and were detained and then “paroled” in, you might be eligible for an EAD as a “public interest parolee”: see page 4 of theI-765 instructions. This one can be tricky, so you might want to consult with a lawyer before you file under this category.
– If you already have asylum, but your EAD expires, fear not: You are still eligible to work. You would present your employer with your I-94 (which you received when you were granted asylum) and a state-issued photo ID (like a driver’s license). For more information, see the Employer Handbook, pages 13 and 50.
– If you are a refugee (in other words, you received refugee status and then came to the United States), you can work for 90 days with your I-94 form. After that, you must present an EAD or a state-issued ID. For more information, see the Employer Handbook, pages 13 and 50.
– If all else fails, you can try contacting the USCIS Ombudsman about the delayed EAD. The Ombudsman’s office assist USCIS customers and tries to resolve problems. Normally, they want to see that you have made some effort to resolve the issue through regular channels before they intervene, but if nothing else is working, they may be able to help out.
The last thing I will say about asylum seekers and EADs is this: If you do not have an EAD, you are not eligible to work lawfully. However, if you are able to find a job without the EAD, it should not affect your asylum case. In other words, working without permission does not block a person from obtaining asylum. It may affect your ability to obtain other types of immigration benefits, and if you have questions, you should consult a lawyer.
It is unclear to me how an asylum seeker is expected to survive without a job or a driver’s license. With all the problems in the asylum system, you’d think USCIS could do something to make life easier for people waiting for their cases to resolve. One thing to be done is to process the EADs in a timely fashion. Another would be to make the EADs valid for the length of the case, so there is no need to re-apply (or at least make them valid for two years instead of one). For now, however, it is up to asylum seekers to fend for themselves: Apply as early as you are allowed for the EAD and hope that it is granted quickly.
Hi Jazon, I want to share how frustrated I am with my EAD. I sent my I589 in October 2019 and the receipt was dated October as well. Saying this, I will be able to request my EAD by March 2020. I sent my I765 in April 2020 and I realized that when I checked the information in the USCIS site, it has the wrong information, it said that my case had 125 days instead of the correct time. I sent the I765 anyways and it was denied because per their response, I did not have the correct timing. I filled it again and sent a new I765 and sent it in May, the new receipt was dated as 06/3rd/2020 but the clock in the USCIS site was still showing 140 days… today I got another letter saying that my case was denied and did not have the appropriate timing. Why this is happening? What can we do? I checked today and the case has 188 days. Should I apply again? I am so disappointed, I loss 3 jobs opportunities and I cannot renew my license. My dad who sent his case in February, shows in the system only 25 days… how can it be possible? I would like to hear your thoughts. Thank you!
It may be that there is a problem with the online system and it is not showing the proper days. For your case, I would print the page showing 188 days and submit the I-765 based on that. For your father, maybe he should try contacting the local asylum office and asking why his clock only shows 25 days. Sometimes, they can assist. You can find their contact info (email is best) if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason,
My wife and I applied for affirmative asylum. We had our biometrics done. 150 days have passed since we filed our application. I have some questions about EAD application:
1) My wife is a dependant on my case, so should we file one or seperate applications?
2) Which documents do we need together with the EAD form?
3) We didn’t receive the application receipt notice for my wife (I have mine). Do you think we can file the application without my wife’s receipt (we both have the biometrics notice papers)?
4) I already have a SSN, but the card says “valid for work only with DHS authorization”, should I ask for another SSN with the EAD form or the old one will work with EAD?
Many thanks in advance,
1 – You can each file an EAD application, form I-765, available at http://www.uscis.gov. 2 – You have to check the instructions to the form; I cannot give such advice here. 3 – Yes, you can use your receipt notice and her biometrics notice. Send a copy and keep the originals. 4 – If you have one, you should not need a new one. Once you have the EAD, you will have DHS authorization and be eligible to work. Take care, Jason
Hello Jason,
I do not know what to answer a question on EAD application form. Question 23b asks ‘have you ever been arrested for and/or convicted of any crime?’. I was arrested in my country for political reasons, which is why i seek asylum. But i haven’t been arrested in the US. What should the answer be? ‘yes’ or ‘no’.
If I answer ‘yes’, do you think it would delay my EAD or cause rejection?
Regards,
I cannot advise you how to answer specific questions, sorry. From what you wrote, the question only seems to relate to crimes, not political arrests. As for whether a “yes” answer (with an explanation of what happened) will cause delay, I do not know. Take care, Jason
Hi Michael, now I am facing exactly the same dilemma you faced before. Can you please tell me how you acted on the arrest/conviction question… and what happened? Any rejection of EAD or delay? Suggestions? Appreciate your reply.
Hi jason, i stumbled upon this while trying to get answers to my questions and I’m glad i did. First of, i won my asylum Nov 2016, waited till December 2017 to file my I485. I went for finger print in January and the past update on USCIS website with my receipt no LIN************* was we received your finger print fee on January 2nd, 2017. I am confused and i have called them severally, infact 2 customer reps created service requests for me 2 times still i haven’t gotten no response. Can you tell me what tou think about my case? Thank you in advance.
Olly.
I am not sure I understand – it sounds like you filed the I-485 in December and they received your fee (the $1225 includes the form fee and the fingerprint fee). It all sounds normal to me. A green card application currently takes about 10 to 12 months to process, and it may be slower than that. Take care, Jason