Stage 2: Filing Your Paperwork
Applying for Work Authorization
When can I apply for work authorization?
If you are applying for asylum, you can apply for work authorization after your asylum clock has reached 150 days. However, you will not be able to receive your work authorization until 180 days have elapsed.
If you are a TPS holder, eligible for TPS, and/or have valid parole, you can apply for work authorization sooner. If you enter the border with a CPBOne appointment, you can submit your work authorization based on that parole. Please note, if you are applying for your work authorization on the basis of TPS or parole, your work authorization will only be valid as long as those protections are in place. In other words, if your TPS expires after a certain date, so will your work authorization. Note that, unless you submit a fee waiver, you will have to pay for your work authorization if you are applying based on TPS or parole.
Applying for work authorization involves filling out the I-765 form. Compared to the asylum application, it is quite an easy form, but some of the information is the same as on your asylum application. Make sure the information you enter on immigration forms is consistent and correct. You will need a copy of an official photo ID, evidence that you have submitted your I-589 (asylum application) at least 150 days earlier, along with 2 passport photos (write your name and A number lightly on the back of the photos).
For a more complete guide on how to apply for work authorization, please refer to PSPP Partner UnLocal’s presentation on work authorization/EADs.
What are the steps for filing my work authorization?
You can file your I-765 online or via paper copy.
To file your I-765 online, you will have to create a USCIS account and fill out the application in the USCIS portal (this may not be a good idea if you do not know how to navigate the internet or have stable access to a computer). Please refer to the USCIS page for further guidance on where to submit the paper version of the I-765.
What happens after I submit work authorization?
After you submit work authorization, the following steps typically take place. First, you will receive a notice, by mail and, if you filed online, by email, that USCIS has received your work authorization application. Then, if your work authorization application is approved, you will receive an approval notice. Your work permit, and social security card (if you applied for it on the form), will arrive a few days later at the mailing address you listed on the work permit application. If you have moved from that address, you will need to submit a change of address (AR-11) to USCIS.
The Asylum Seeker Advocacy Project has examples of what these documents look like:
What do I do if my asylum clock stops?
The asylum clock can be stopped for various reasons but the most common reason is “applicant delay” of the process. Most likely, your asylum clock was stopped because, at your most recent master calendar immigration court hearing, you requested more time to prepare your case/or find your lawyer. In order to get your clock restarted, you will need to write a letter to your judge and the court administration for your immigration court. You can find more instructions here.
How do I know how many days have passed on my asylum clock?
There are two ways to find out how much time is on your asylum clock. There are two agencies that calculate the asylum clock. If you do not have a case with an Immigration Court, the Department of Homeland Security calculates your clock. They will count the days starting when USCIS received your asylum application. USCIS should send a receipt which has the date the I-589 asylum application was received. USCIS should not stop your clock.
If you have a case in Immigration Court, you can call the EOIR Automated Hotline at 800 898 7180 and select option #2 regarding “Case Processing Information.” The automated system will tell you how many days are on your asylum clock.
Why was my work authorization application denied or rejected?
A rejection occurs when USCIS returns the entire application and all documents to you by mail. A rejection means USCIS never accepted the application and mailed back the entire package including any payments. You can correct whatever defect USCIS flagged as the reason they rejected the application and re-file your original work authorization application. A common reason that USCIS rejects an application is because a person did not include the correct payment for the application and did not request a waiver of the payment.
A denial occurs when USCIS has reviewed your application and decided that you are not eligible for a work authorization card. A denial is a letter usually entitled “Denial Notice” with an explanation of why you were deemed ineligible. You may appeal a denial or file a new application for work authorization if the reasons for the denial can be overcome. It is best to consult with an immigration lawyer for guidance.
Stage 2 Questions
Stage 2: Filing Your Paperwork
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What are my options?
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What is asylum?
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What is TPS?
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What is SIJS?
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Can I apply for both TPS and asylum?
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Can I apply for both SIJS and asylum?
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What is the difference between filing one asylum application as a family versus one application per family member?
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What does it mean if I was admitted on humanitarian parole or via CBPOne?
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Do I have to pay to submit immigration paperwork?
Preparing & Submitting Your Asylum Application
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How do I fill out my asylum application?
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How do I submit my asylum application?
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What happens after I submit my asylum application?
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How do I apply for TPS?
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What do I do if I do not get my biometrics appointment?
Applying for Work Authorization
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When can I apply for work authorization?
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What are the steps for filing my work authorization?
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What happens after I submit work authorization?
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What do I do if my asylum clock stops?
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How do I know how many days have passed on my asylum clock?
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Why was my work authorization application denied or rejected? ​​​​​​​​​​