How to obtain asylum work authorization in the U.S. – The complete guide

If you are looking to obtain a work permit in the United States through the asylum process, it is important to understand the steps involved, the requirements, and the application processing times. Below, Access 61 explains what it is, how it protects people fleeing their home country, and how to apply for an asylum work permit. Read on to find out all the details.

What does applying for asylum in the United States consist of?

Asylum in the United States is a form of protection that may be granted to those fleeing persecution in their home country because of their race, religion, nationality, membership in a particular social group or political opinion.

To apply for asylum, an application must be filed with the U.S. Citizenship and Immigration Services (USCIS) or, if the individual is already in deportation proceedings, with an immigration court.

Once asylum is granted, applicants may obtain the right to work legally in the United States, as long as they comply with all the steps and requirements that the process demands to obtain this permission.

Is it possible to obtain a work permit for asylum?

Now, many people wonder if you can get a work permit for asylum, and the answer is: yes. People who have applied for asylum in the United States and have been accepted may be eligible for a work permit. This permit, known as an Employment Authorization Document (EAD), allows them to work legally in the country.

Importantly, an application for a work permit cannot be made until asylum has been granted or, in some cases, until a waiting period has elapsed after the asylum application has been filed.

Benefits of obtaining asylum work authorization in the U.S.

Obtaining an asylum work permit in the U.S. brings several benefits to both the applicant and employers. Some of the main benefits include:

• Legal employment opportunity: Work authorization allows asylum seekers to work legally in the United States and possess the means to support their family members.
  
• Economic independence: The work permit provides access to opportunities in the U.S. labor market, which facilitates self-sufficiency.
  
• Better career opportunities: Obtaining a work permit opens doors to more stable and higher paying jobs instead of relying on unauthorized work.
  
• Contribution to the U.S. economy: Asylum seekers who obtain a work permit can contribute to the economic growth of the United States by contributing their talents and skills to different industries.

Who is eligible for an asylum work permit?

To be eligible to obtain an asylum-based work permit, the interested person must meet the following requirements:

• Have applied for asylum in the United States: have filed a formal asylum application with USCIS or an immigration court.
  
• Have the asylum application approved: have received a positive decision on the asylum application, since it will not be possible to apply for a work permit while the asylum application is pending, unless more than 150 days have passed since it was filed.
  
• Not having worked without authorization in the United States: It is essential not to have worked without authorization prior to being approved for asylum, as this could affect the EAD application.

Steps to follow to obtain an asylum work permit in the U.S.

The process of obtaining an asylum work permit in the United States can be long and complex, but following the right steps can help you get an EAD without any problems. Here’s how to do it:

STEP 1: Apply for asylum

The first step is to apply for asylum by filing Form I-589 with USCIS or an immigration court. This form requests information about personal history, reasons for seeking asylum, and details regarding the persecution suffered in the country of origin that makes return impossible.

In this step it is necessary to take into account that the credible fear must be substantiated, and the application must be filed within one year of arrival in the United States, unless the interested person meets certain requirements to obtain a waiver.

STEP 2: Await decision on asylum case

Once the asylum application has been filed, the individual must wait for a response from USCIS or the immigration court. This process can take several months or even years, depending on the workload of the courts or USCIS. While awaiting the decision on the application, a person can begin planning the work permit application.

STEP 3: Submit an asylum work permit application

Once your asylum application has been approved, you can file Form I-765Application for Employment Authorization. The application process for this document includes providing personal data, asylum details and the reason for requesting work authorization.

STEP 4: Gather the necessary documentation

In order to submit the application, certain supporting documents must be gathered. Some of the most common documents include those listed below:

• A copy of the notice of approval of the asylum application.
• Recent passport photographs.
• A copy of personal identification, passport or valid identity card.
• Proof of address.
• Criminal record, if any.

STEP 5: Covering the application fee

The EAD application fee must be paid in order to file the EAD application. However, applicants who have been waiting more than 150 days for a decision on their asylum application may be eligible for a waiver.

We recommend checking the current fees before submitting the application on the official website of the United States Citizenship and Immigration Services (USCIS) under Fee Breakdown.

STEP 6: Wait for work permit decision

Once the work permit application has been filed, you must wait for USCIS to process it. The processing time varies, but can take several months. During this time, it is important to monitor the status of the application and keep the data updated in case USCIS needs additional information.

Other aspects to be taken into account regarding the asylum work permit

Where to apply?

A person wishing to file an asylum application should check where to file under the Direct Filing Addresses section of the U.S. Citizenship and Immigration Services Form I-765, Application for Employment Authorization.

Asylum applicants also have the option of filing their application online. To do so, they must visit the official website at my.uscis.gov and create a USCIS online account. For more information about this option, you may refer to the official USCIS page on filing Form I-765 online for asylum.

How to check the status of the application?

The time frame to receive the EAD card may vary according to USPS delivery times. To submit an inquiry, you must wait at least 30 days from the date of approval to submit an inquiry to USCIS. The interested person can use the Online Case Status tool to track their USPS delivery number.

Processing times

Processing times for the work permit can vary. Generally, the process can take several months. It is important to wait and prepare for possible delays.

Common application mistakes and how to avoid them

Some common mistakes that can delay or even end in rejection of the application include:

• Failure to complete the forms correctly: Be sure to fill out all fields of Form I-765 correctly and without omissions.
  
• Missing required documentation: Check that all requested documents are included in the application before submitting it.
  
• Failure to pay the correct fee: Verify that the proper fee has been paid according to current USCIS instructions.

Conclusion

Obtaining an asylum work permit in the United States is an important step for those seeking protection and stability in the country. The process may seem complex, but by following the proper steps and avoiding common mistakes, a person seeking asylum can increase the chances that his or her application will be approved.

If you or a family member has questions about the asylum application process, it is always advisable to consult with an immigration attorney for additional guidance. Contact the Access 61 team today to review your particular case.

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