Can an Asylum Applicant Work in the United States?

Asylum applicants cannot apply for work permits at the same time as filing their asylum applications. Rather, they must wait 150 days from the date they filed their properly completed original asylum applications. The emphasis in on completed. If you are still in the process of adding supporting documents to your application, it is not considered completed, and you may not request authorization to work while your application is pending. Missing interviews, meetings, or fingerprinting appointments can all cause the clock to stop on the 150 day waiting period. Make sure that you stay on top of any deadlines. If you have a change in your contact information, like address or phone number, make sure that you contact your attorney and the U.S. Citizenship and Immigration Services (USCIS) to update that information so that they send your notices and requests to a location where you are sure to receive them.

Authorization to Work Before Asylum Is Granted

Once your application is completed and you are awaiting approval, you may request authorization to work. To request authorization, you will need to complete Form I-765. Generally, asylum applicants requesting employment authorization are not required to pay a filing fee. The INS has 30 days to either grant or deny a request for employment.

Authorization to Work After Asylum Granted

If, by some chance, your asylum application is moving quickly and you are close to receiving your grant of asylum, you may just want to wait until your asylum application is approved. Once you are granted asylum, you will receive an employment authorization document because of your approved status. This means that you don’t have to go through the hassle of submitting a separate work application.

Do Not Work Without Authorization

Even though financially stressful, you will have to go through a period without working. If you work without authorization, or falsify documents with an employer to get work, you could be subject to sanctions including denial of your application and removal proceedings. If you are not sure about your status, err on the side of caution and consult with an immigration attorney who can help navigate you through the asylum process.

Case Studies: Working as an Asylum Applicant in the United States

Case Study 1: Completing the Application

An asylum applicant, John, filed his asylum application and diligently completed all required forms and documentation. However, due to a misunderstanding, he failed to submit some essential supporting documents with his initial application. As a result, his application was considered incomplete, and he was not eligible to request authorization to work until his application was deemed complete.

John learned the importance of staying organized, meeting deadlines, and promptly providing any requested information to ensure a completed application.

Case Study 2: Waiting for Asylum Approval

Maria, an asylum applicant, had been waiting for her asylum application to be approved for several months. As her application progressed quickly through the process, Maria decided to wait until her asylum was granted before seeking employment authorization. Once her asylum was approved, Maria automatically received an employment authorization document, simplifying the process and eliminating the need to submit a separate work application.

Case Study 3: Unauthorized Employment

In a case of financial desperation, Carlos, an asylum applicant, started working without authorization while his asylum application was still pending. Unaware of the consequences, Carlos falsified documents to secure employment.

Unfortunately, Carlos faced severe sanctions, including the denial of his asylum application and potential removal proceedings. Carlos learned the importance of obtaining proper legal advice and refraining from unauthorized employment during the asylum process.