USCIS Provides Flexibility for Asylum Applicants Seeking Work Authorization

 Posted on June 26, 2020 in Immigration

U.S. Citizenship and Immigration Services (USCIS) announced an administrative change that is aimed to allow for more flexibility during the processing of employment authorization documents (EADs) for asylum applicants by removing the existing required 30-day time frame. This rule will become effective as of Aug. 21, 2020. Depending on their situations, certain aliens who are living in the United States temporarily may be eligible for a work permit. They can request work authorization using Form I-765, Application for Employment Authorization. Once approved, these individuals will receive an Employment Authorization Document (EAD) to work in the country. U.S. employers have a duty to check that all employees, regardless of their nationality or citizenship status, are allowed to work in the country. If someone is not a citizen or a lawful permanent resident (LPR), he or she can still work in the United States if he or she has a valid EAD.

Amendment to Time Limits

This change in policy allows USCIS enough time to receive, screen, and process applications. Officials can also address national security and fraud concerns, as well as identity verification techniques. This helps deter those who may attempt to defraud the U.S. immigration system. It also gives USCIS flexibility to amend resources as needed. Previously, the agency had to move resources away from other types of immigration benefit requests in order to comply with the 30-day time frame.

USCIS implemented the 30-day time frame more than two decades ago. In the past 20 years, the number of people applying for asylum has increased exponentially. As a response, USCIS created enhanced background screening and vetting protocols to safeguard against fraud or threats to public safety and national security.

Removing the processing timeline allows USCIS to conduct appropriate and comprehensive vetting and identification procedures, which U.S. citizens expect from an agency that is tasked with protecting our national security. One of the main duties of USCIS is to protect our nation’s immigration system from individuals who try to take advantage of it.

The new rule also eliminates the stipulation that asylum applicants are required to submit their renewal requests for work authorization to USCIS 90 days before their current employment authorization expires. Now, applicants can submit renewal forms up to 180 days before the expiration date, reducing possible lapses in employment authorization.

Contact an Illinois Immigration Attorney

Navigating the various forms and applications as an immigrant who wishes to enter the United States lawfully can be confusing and time-consuming. With years of successfully handling all types of immigration-related matters, the skilled Illinois immigration lawyers at the Mevorah & Giglio Law Offices have a thorough understanding of U.S. laws that impact asylum seekers. They work closely with federal agencies such as USCIS to ensure you or your loved one’s application is processed correctly and efficiently. To schedule your free consultation, call us today at 630-932-9100.