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DHS publishes final rule adopting one-year wait for asylum EADs

  1. Original Date Announced

    June 26, 2020

    DHS publishes final rule extending the wait time before an asylum applicant can apply for employment authorization from 150 days to 365 calendar days; limits the employment authorization validity period to a maximum of two years; automatically terminates employment authorization when an applicant’s asylum denial is administratively final, and bars asylum applicants from EAD eligibility if they have been convicted of particularly serious crimes. The rule was signed by Chad Mizelle, Senior Official Performing the Duties of the General Counsel, on behalf of Acting Secretary Wolf.

    [ID #984]

    DHS Final Rule: Asylum Application, Interview, and Employment Authorization for Applicants
  2. Effective Date

    August 25, 2020
  4. Biden Administration Action: Approved/Retained

    June 4, 2021

    2021.06.14 Reported on Law360: DHS Says Wolf Had Power To Issue Asylum Work Permit Regs

    On June 4, 2021, Biden's DHS "asked a Maryland federal court to preserve Trump-era regulations restricting asylum-seeker work permits, saying the official who created the policies had the legal authority to do so despite several courts calling that authority into question."

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  5. Biden Administration Action: Proposed Revocation/Replacement

    June 14, 2021

    Rescission of "Asylum Application, Interview, & Employment Authorization" Rule and Change to "Removal of 30 Day Processing Provision for Asylum Applicant Related Form I-765 Employment Authorization"

    This notice announced the Biden administration's intent to rescind or substantively revise the Trump-era policy identified in this entry.

    DHS announced in the Unified Regulatory Agenda that it plans to issue a notice of proposed rulemaking that would rescind or substantively revise two final rules related to employment authorization for asylum applicants, including the August 25, 2020 final rule that modified DHS's regulations governing asylum applications, interviews, and eligibility for employment authorization based on a pending asylum application.

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Current Status

Not in effect
June 4, 2021
Acted on by Biden Administration
June 14, 2021
Acted on by Biden Administration

Original Trump Policy Status

Trump Administration Action: Rule
Subject Matter: Asylum, Withholding and CAT
Agencies Affected: USCIS


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