MOST ASYLUM SEEKERS WILL NO LONGER BE ELIGIBLE TO RECEIVE WORK AUTHORIZATION IN THE U.S. UNDER THIS PROPOSED TRUMP ADMIN NEW RULE:

On June 26, 2020, USCIS published its final rule making multiple changes to the regulations governing asylum applications and eligibility for work authorization based on a pending asylum application. This rule is to take effect August 25, 2020.  The rule if it takes effect, makes Dramatic changes to asylum applicants’ eligibility to seek an Employment Authorization Document (EAD) under category C(8) include:

  • Asylum seekers will have to wait 365 days after filing an asylum application, instead of 180, to seek a work permit: The new rule entirely eliminates the Asylum Clock and doubles the mandatory waiting period for a C(8) EAD after applying for asylum to 365 days instead of 180 days.
  • No Employment Authorization if Applicant Fails to Apply for Asylum Within the One-Year Filing Deadline: Under asylum law, in order to be eligible, an individual must file their asylum application within one year after entering the United States, unless an exception applies. However, under the new rule, an asylum applicant is not eligible for a C(8) EAD if they file their 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 is problematic because asylum cases can easily be pending up to 5 years (or more) without ever seeing a judge or any asylum officer. This means that 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.
  • No Employment Authorization if Illegal Entry into the United States: Under the new rule, an individual who enters or tries to enter the U.S. illegally or without inspection (anywhere except at an official U.S. port of entry) is not eligible for a C(8) EAD
  • No Employment Authorization for Certain Criminal Convictions: Under the new rule, an asylum applicant is not eligible for a C(8) EAD if: The applicant was convicted of a “particularly serious crime” on or after August 25, 2020; The applicant was convicted of an “aggravated felony” at any time, or The applicant has a mandatory bar to asylum due to a criminal record.
  •  No C(08) EAD for an Applicant-caused Delay: Under the new rule, USCIS will deny a first or initial C(8) EAD if an asylum applicant causes a delay in their asylum case before applying for a the C(8) EAD. Applicant-caused delays include: Failing to appear for an asylum interview. Failure to pick up an asylum decision. Requesting to submit additional evidence in support of an asylum application within 14 days before the asylum interview. Failure to appear for a biometrics appointment. Requesting to reschedule an asylum interview. Filing a change of address if doing so causes the asylum case to be transferred to a new asylum office. Failing to bring a competent interpreter to the asylum interview.
  • No More “Recommended Approvals” for a Grant of Affirmative Asylum: Under the current regulations, an asylum applicant is eligible for a C(8) EAD if a USCIS Asylum Offices issues a “recommended approval” even when background and security checks are still being conducted. The new rule eliminates “recommended approvals.”
  • Changing the Grant of C(8) EAD from Mandatory to Discretionary: Under the current regulations, USCIS does not have the discretion to deny a properly filed C(8) EAD application. However, the new rule makes the grant of a C(8) EAD discretionary, not mandatory.

If you believe you are eligible for Asylum please contact our office immediately and speak to one of our experienced immigration attorneys. If you are in this situation, it is very important to submit your asylum application before August 25, 2020 to be able to apply for a work permit in the future.

We are available Monday through Friday 8am- 6pm to answer your questions. (612) 465-0060.