Asylum Clock

Asylum Applicants

How long must an asylum applicant with a pending case wait to apply for an initial EAD?

The applicant must wait until the application has been pending for 150 days before applying for the EAD, excluding any periods of applicant-caused delay that cause an asylum “clock” to stop. The applicant may be granted employment authorization after 180 days have elapsed since filing the asylum application (again, excluding any periods of delay caused by the applicant).

What is the filing fee for an EAD based on a pending asylum application?

There is no filing fee for an initial EAD based on pending asylum for any applicant. Renewal EADs have a filing fee. The current filing fee can be found online at https://www.uscis.gov/feecalculator. U.S. Citizenship and Immigration Services (USCIS) fees will increase on April 1, 2024. Those unable to pay the fee for a renewal EAD may apply for a fee waiver on Form I-912. Replacement EADs based on pending asylum require a filing fee. A fee waiver request may also be filed on Form I-912.

At the asylum office, the following actions will stop the EAD clock:

• Requesting to reschedule the asylum interview, with the clock restarting on the date of the rescheduled interview;
• Missing a fingerprint appointment; • Failing to appear for an asylum interview, unless good cause is established within 45 days of missing the interview or notice was improper. In those circumstances, the clock may restart on the date of the rescheduled interview;
• Failing to appear to pick up an asylum decision; • A denial by the asylum office of the asylum application without a referral to immigration court. At the immigration court, the following actions will stop the EAD clock:
• A motion for a continuance by the applicant or attorney; • Declining an expedited hearing;
• A motion to change venue; • A motion for administrative closure.

At the next hearing after the delay, the clock may restart if there is no further delay by the applicant.

What happens to the EAD clock if the court issues a scheduling order and cancels the master calendar hearing?

If the clock has not already stopped, this action will not cause it to stop because it is not considered applicant-caused delay. If the clock was supposed to restart at the next master calendar but the court instead cancelled the hearing and issued a scheduling order, the legal representative should make a request in writing to the court administrator after responding to the scheduling order. The written request should ask that the court restart the clock because the delay was not caused by the applicant and the applicant has complied with the scheduling order. Contact information for court administrators is typically listed on each court’s website. EOIR has a website with all court contact information: https://www.justice.gov/eoir/find-immigrationcourt-and-access-internet-based-hearings.

May someone who was denied asylum by the immigration judge prior to being granted the initial EAD apply for an EAD now while the case is on appeal to the Board of Immigration Appeals (BIA)?

If more than 180 days have elapsed on the EAD clock, the applicant may apply for an EAD. However, if the requisite period has not run, the applicant may not apply, as the denial will cause the EAD clock to stop. If the case is remanded from the BIA for consideration of the asylum claim, the clock will begin to run again.