How Can Asylum Applicants Secure a Work Permit (EAD)?

Published: January 21, 2025

The US granted asylum to 54,350 eligible individuals in 2023. That’s a substantial increase from the 35,720 asylees or those granted asylum in 2022. Engaging in employment is part of one’s status as an asylee. Yet, under US immigration law, immigrants need a work permit or an employment authorization document (EAD) to work legally in the country. 

Persons granted asylum don’t need to acquire an EAD to prove their employment eligibility. However, you might need one if you want to work while your asylum application is still pending. It will serve as proof that you’re eligible to work as you wait for a decision on your asylum case. There are also instances where applying for an EAD is essential for certain immigration benefits. 

In this post, ALG Lawyers will discuss how to secure an EAD as an asylum applicant, including its eligibility criteria and timing considerations.

Importance of EAD for Asylum Applicants

In the past, asylum applicants were automatically eligible to work in the US. However, rules have been modified in recent years.

The asylum process can extend more than several years, affecting your ability to secure legal employment and support yourself during such a period. In this case, obtaining an EAD while waiting for a USCIS decision on your asylum application is essential. 

An EAD is a physical card that proves one’s eligibility to work legally in the US for a certain period. Without this, you will be unable to accept most types of employment in the US. It’s worth noting that this work permit isn’t necessary for once granted asylum. 

How Asylum Applicant Can Qualify for an EAD

Not all asylum applicants are eligible for employment authorization. The US government establishes the criteria required to apply for a work permit. You must meet the following requirements to qualify for an EAD as an asylum applicant: 

• An asylum application under review for a minimum of 150 days
• Haven’t received a negative decision within 180 days unless it’s referred to an immigration court for removal proceeding
• Haven’t been convicted of an aggravated felony
• Have attended the asylum interviews or hearings before an immigration judge
• No delays caused by applicants, such as requesting continuances or rescheduling an asylum interview

Key Procedures When Applying for an Asylum EAD

Suppose you satisfy the eligibility requirements. You must complete a form for employment authorization to secure an EAD while having a pending asylum application. Application can be done by mail or by uploading an electronic document to the USCIS website. 

You must submit supporting documents when completing an EAD application. These include but are not limited to a copy of the arrival/departure record, proof of pending asylum application, two passport-sized photographs, and copies of previous work permits, if applicable. 

There’s no fee required if you’re applying for an employment authorization for the first time. You must pay a filing fee after the first work permit application. Ensure to check the USCIS website for the current filing fee. 

USCIS aims to process and decide on initial applications for an EAD within 30 days. However, backlogs may impact this timeline. For instance, you haven’t received a decision from the USCIS in 30 days. You can inquire with your local USCIS office for an interim EAD. 

Obtain Legal Assistance at ALG Lawyers

Although not required, working with a Los Angeles immigration lawyer can impact the outcome of your asylum application. A lack of immigration knowledge can result in unnecessary setbacks and unfavorable outcomes. 

Our team at ALG Lawyers can assist you during all stages of the asylum procedure. We can also help you with questions about the work permit and guide you through the process. Connect with our law firm now for further legal assistance.