USCIS Proposes new rule removing 30 days processing provision for initial Employment Authorization

USCIS Proposes new rule removing 30 days processing provision for initial Employment Authorization for Asylum applicants

USCIS has proposed a new rule to remove the 30 day processing time limit on applications for employment authorization for asylum applicants. Asylum applicants must wait 150 days after they file their asylum applications before they can apply for work authorization. Once they apply USCIS has 30 days to approve or deny the application. However, USCIS claims that the 30 day window is leading the agency to divert resources from other types of cases to keep up with the demand of the 30 day window. As such , the new rule will allow USCIS to adjudicate the employment authorization applications within 90 days or more.

This could lead asylum applicants to wait at least 240 days or longer before they are eligible to work after filing their asylum claims.

For more information about this new proposed policy, please contact our office for a free telephone consultation (15 minute) at 248-557-3645.

Sam R. Saif

Managing Attorney, Immigration Law Department

The Law Offices of Joumana Kayrouz, PLLC