Can I Apply for Work Authorization while my Asylum Application is Pending?
Angelica Rice • February 11, 2022
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Each year, many people come to the United States seeking refuge from harm or persecution that they suffered in their home country. Those people apply for Asylum (Form I-589) either before USCIS or in removal proceedings before the Immigration Court.
A common question amongst all Asylum Applicants, no matter where they are applying, is can I obtain authorization to work while my Asylum application is pending?
As a result of a change in the law on August 25, 2020, for many Asylum Applicants, the answer to that question is NO.
However, there are some exceptions and circumstances where an Asylum Applicant may be eligible for and be granted work authorization while their Asylum case is pending. Read on to find out more.
You cannot apply for permission to work (employment authorization) in the United States at the same time you apply for asylum. You may apply for employment authorization 365 calendar days after you file your complete asylum application.
Due to a recent change in the Immigration Court’s case adjudication policies, Court’s are prioritizing the expeditious adjudication of immigration cases, especially for Respondent’s who entered the United States unlawfully on or after November 1, 2020. Many of those cases are being adjudicated within 1 year of the NTA being filed. This means that for most Asylum Applicants in Court, their cases will not be pending for 365 days and so they will not become eligible for work authorization.
If there is a delay in the adjudication of the Court case, that was not caused by you, or if an Applicant is applying for Asylum before USCIS, then you may be eligible to receive employment authorization based on a pending asylum application if:
- You entered the United States lawfully on or after Aug. 25, 2020 (under limited exceptions, you may still be eligible if you entered the United States unlawfully on or after Aug. 25, 2020);
- For asylum applications filed on or after Aug. 25, 2020, you filed your asylum application within one year from the date of your last arrival into the United States (alternatively, an asylum officer or immigration judge determined that you qualify for an exception to the one-year filing deadline, or you are an unaccompanied alien child on the date the asylum application was first filed);
- You appeared for any scheduled biometric services appointments related to your application for asylum or employment authorization;
- You appeared for your interview with a USCIS asylum officer, or your hearing before an immigration judge, if requested or scheduled;
- You are not described in 8 CFR 208.7(a)(1)(iii);
- You do not have an outstanding applicant-caused delay related to your asylum application when you file your initial application for employment authorization; and
- No final decision has been made on your asylum application (note that a referral to an immigration judge after an interview with USCIS is not a final decision).
If, on the date that your initial application for an employment authorization document (EAD) is filed, there is an unresolved delay in your asylum adjudication that you caused, your EAD request may be denied. Examples of these applicant-caused delays include, but are not limited to:
- Requesting to amend or supplement an asylum application and causing a delay in its adjudication or in proceedings;
- Failure to appear to receive and acknowledge receipt of the decision;
- Requesting to provide additional evidence for an interview, or requesting an extension to submit additional evidence less than 14 days before the interview date, and causing a delay in the asylum application adjudication;
- Failure to appear for an asylum interview, unless USCIS excuses you;
- Failure to appear for scheduled biometrics collection for the asylum application, unless USCIS excuses you;
- Requesting to reschedule an interview for a later date;
- Requesting to transfer a case to a new asylum office or interview location, including when the transfer is for a new address;
- Failure to use a USCIS contract interpreter or provide a competent interpreter at an interview; or
- Failure to comply with any other request needed to determine asylum eligibility.
*Certain criminal offenses or convictions will make you ineligible for an EAD.
If you have questions about work authorization eligibility through a pending Asylum application, please contact one of our experienced immigration attorneys.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
The United States has long been a destination for the world’s most talented athletes—not only to compete at the highest level, but to access world-class training, coaching opportunities, and long-term career prospects. Whether on the field, in the ring, or across the chessboard, athletes from across the globe are finding immigration pathways that allow them to pursue their athletic and professional goals in the U.S. U.S. immigration law offers several visa and green card options designed specifically for individuals with extraordinary athletic talent. These include the P-1A visa for internationally recognized athletes, the O-1A visa for individuals of extraordinary ability, and the EB-1A immigrant petition, which can lead to permanent residency and ultimately, U.S. citizenship. The P-1A visa is commonly used by professional athletes coming to the U.S. to compete in a specific event or season. This applies not only to individual athletes but also to members of teams or clubs recognized internationally. It is widely used by soccer players, basketball players, MMA fighters, Brazilian Jiu-Jitsu competitors, and even elite chess players. Athletes must demonstrate a high level of international recognition and a record of performance in their sport. The O-1A visa is a strong option for coaches who demonstrate extraordinary ability, typically evidenced by championship titles, sustained winning records, or recognition as integral to their team’s success. To qualify, a coach must establish that their expertise places them among the small percentage of top professionals in their field. For athletes seeking permanent status in the U.S., the EB-1A immigrant petition —often referred to as the “extraordinary ability green card”—provides a direct path to lawful permanent residency. It requires clear documentation that the individual is among the very best in their sport and has achieved sustained national or international success. Unlike other green card categories, the EB-1A does not require employer sponsorship and can be self-petitioned. This has become a common path for MMA world champions, BJJ black belt medalists, Olympic athletes, and chess grandmasters—many of whom now represent the U.S. at the highest levels of international competition. It’s important to note that U.S. immigration law defines “athlete” broadly. Whether you are a professional football player in Europe, a sprinter from the Caribbean, a judoka, a gymnast, or a grandmaster in chess, your achievements may qualify under these categories if they are properly documented and presented. The key is a consistent record of excellence and recognition in your sport on a national or international scale. Our office specializes in these types of immigration matters. Whether you are an individual athlete looking to relocate or an organization seeking to bring international talent to your roster, we offer tailored legal strategies to support your goals. If you are exploring options to compete, train, or build your future in the U.S., we’re here to help you take the next step.
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