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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
  3.  
  4. 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 made known 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

Fully in Effect
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

Commentary

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