Can I Work While Waiting for My Asylum Decision?

Is it Legal to Work While Waiting for Asylum?

America is a nation of immigrants. Every year, people come from all over the world seeking better economic opportunities, to escape from geopolitical strife, and to reunite with their loved ones. In 2024 alone, 106,000 refugees arrived in the United States.

Many of these individuals apply for asylum status. Asylum status is a special type of protected distinction in the United States that grants certain privileges and protections to people fleeing a dangerous situation. Individuals granted asylum status can legally remain in the United States without fear of being forcibly removed to their country of origin or other potentially hazardous environments.

In many cases, the asylum process can be long and complex. During this process, most individuals want to perform some kind of work to both support themselves and contribute to society. Working while awaiting an asylum decision is legal, but individuals must undergo a separate legal process.

Because of the amount of time and work involved in applying for asylum status, applying to work can become intimidating to many individuals. If you or a loved one is waiting on an asylum decision and wishes to begin working in the United States, you must contact an experienced immigration attorney. An immigration attorney can help handle your asylum case and authorize you to work while waiting for a decision.

Summary: Can Asylum Seekers Work in the US?

Asylum seekers in the United States can legally work while their asylum application is pending, but they must first obtain an Employment Authorization Document (EAD), commonly known as a work permit. The process to receive employment authorization involves filing Form I-765 with U.S. Citizenship and Immigration Services (USCIS). However, asylum seekers are generally eligible to apply for this work permit only after their asylum application has been pending for at least 150 days, and USCIS typically issues the EAD after 180 days have passed since the initial asylum application filing.

This employment authorization allows asylum seekers to work legally in the U.S. while their asylum claims are being reviewed by asylum officers and potentially immigration judges during immigration review proceedings. The ability to work is crucial for many asylum applicants as it helps them support themselves and their families during the often lengthy asylum backlog and complex asylum system.

It’s important to note that not all asylum seekers automatically receive work authorization; they must meet eligibility requirements, including having a pending asylum application and not having caused delays in their case processing, as any applicant-caused delays can pause the asylum EAD clock. Additionally, certain affirmative asylum applicants may face different procedures, such as being referred directly to immigration court without a customary asylum interview, which can affect their eligibility timeline for work permits.

Once granted asylum status, individuals become asylees and are no longer required to have an EAD to work legally. They can also apply for lawful permanent residence (green card) after one year of being granted asylum. Family members included in the asylum seeker’s application, known as derivative asylum applicants, may also be eligible to receive employment authorization.

The U.S. Department of Homeland Security oversees the asylum office and asylum officers who adjudicate asylum claims, while the Executive Office for Immigration Review manages immigration judges who conduct hearings. Due to the growing asylum backlog, many asylum seekers face long waits for a final decision, sometimes lasting several years.

Asylum seekers who are denied asylum may lose their work authorization unless they are appealing the decision or have other forms of relief such as temporary protected status. Legal representation and accredited representatives play a critical role in helping asylum seekers navigate the complex asylum process and employment authorization procedures.

In summary, asylum seekers can work legally in the U.S. while waiting for their asylum decision, provided they apply for and receive employment authorization. This work permit is a vital benefit that supports asylum seekers in rebuilding their lives during the pending asylum application period.

What is Asylum Status?

Asylum status is a special type of immigration status. Individuals granted asylum do not become American citizens, but receive certain protections, such as being allowed to remain in the U.S. without fear of being sent somewhere dangerous. Individuals must currently reside in the United States to apply for asylum status.

Contrary to widespread misinformation, it is legal to enter the United States if you are not a citizen but are seeking asylum status. To qualify for asylum status, individuals must demonstrate that they have suffered persecution or fear they may suffer persecution due to factors including but not necessarily limited to:

• Race
• Ethnicity
• Religion
• Nationality
• Membership in a Particular Social Group
• Political Opinion

Once in the United States, refugees must undergo a specific asylum-seeking process. In addition to themselves, individuals may also seek asylum status for their spouse and unmarried minor children under the age of 21.

The asylum process can be long and drawn-out. The United States recognizes this and has implemented a system under which asylum seekers can legally work while waiting for a decision. This allows asylum seekers to make money for themselves and their families, benefit society, and remain free from fear of legal persecution. However, applying to work while awaiting asylum status is an individual process.

How Do I Apply to Work While Waiting on Asylum Status?

To work in the United States while awaiting a decision on asylum status, you will need an Employment Authorization Document (EAD). To obtain this, you must file U.S. Citizenship and Immigration Services Form I-765. This application can be done online, or paperwork can be filed in person at the appropriate location. Generally speaking, filing online is less expensive than filing in person and also less complex. Filing online allows an individual to quickly and easily receive updates on the status of their request.

When filing Form I-765, you will need to provide specific initial evidence. The required evidence can vary based on an individual’s specific situation as well as other factors. It is highly recommended that anyone seeking asylum status who wishes to work in America consult an experienced immigration attorney.

An attorney can make sure that you are filing the proper paperwork, that you are meeting any required deadlines, and that you are providing all necessary documentation when submitting your request. An attorney can also help you through the waiting process. Due to the volume of requests received, processing an I-765 application can take up to a year.

Can I Expedite My Application Process?

In some instances, an asylum seeker may request that their work application be expedited. In order to file this request, an applicant must demonstrate that they require an expedited work authorization due to specific circumstances beyond their control.

These circumstances include, but are not necessarily limited to, humanitarian emergencies, the prospect of severe financial loss, the needs of a nonprofit organization, the needs of the U.S. government, or due to a previous error by U.S. Citizenship and Immigration Services.

Not everyone who requests an expedited work application will receive one, and many applicants will be turned down for either not meeting the necessary requirements or for failing to file the proper paperwork and documentation. This is why if you or a loved one need to apply for work while waiting for an asylum decision, you must contact an experienced immigration attorney.

What Should I Do if I Need to Work While Waiting on My Asylum Decision?

Working doesn’t just allow a person to support themselves. A job provides a sense of identity, personal stability, and a feeling of belonging to a larger culture and society. Most asylum seekers would like to begin working in the United States as soon as possible. With Espinoza Law Group on your side, you can start work sooner rather than later.

Our team of empathetic and dedicated legal professionals realizes that starting a new life in a new country can be challenging. We approach every client with sympathy, respect, and compassion. Our principal attorney, Ruben R. Espinoza, Esq., has an extensive background in immigration law, including arguing cases before the Board of Immigration Appeals and the U.S. District and Federal Circuit Courts of Appeal. He considers every client his most important client and doesn’t rest until the people he represents are safe and working happily in the United States.

New beginnings are tough. They can also be rewarding. If you or a loved one is an asylum seeker who wants to work while awaiting your asylum decision, don’t hesitate to contact Espinoza Law Group today at 213-667-0701 to schedule your no-commitment immigration consultation today.