Policy Explanation | The 180-Day Asylum Work Authorization Clock

Written by: Vincent Wells, CRIS Immigration Attorney

Individuals who have applied for asylum may be eligible for work authorization depending on how long their asylum application has been pending. Individuals who have filed for asylum either with USCIS or through the immigration court must wait 150 days before they can file for work authorization. USCIS cannot grant employment authorization for an additional 30 days after the 150 days, for a total 180-day waiting period. As such, if you have filed for asylum and the case has been pending for approximately 5 months, you are likely eligible to apply for work authorization in the United States.

However, if you are in immigration court, the 180-day asylum work authorization clock does not include any delays requested or caused by an applicant. Delays requested or caused by an applicant may include:

• A request to transfer a case to a new asylum office or interview location, including when the transfer is based on a new address;

• A request to reschedule an interview for a later date;

• Failure to appear at an interview or fingerprint appointment;

• Failure to provide a competent interpreter at an interview;

• A request to provide additional evidence after an interview; and

• Failure to receive and acknowledge an asylum decision in person (if required).

Additionally, if you have never applied for work authorization before through your asylum case, you do not have to pay any filing fee for the initial work authorization card. If you have filed for asylum and are interested in whether or not you are eligible for work authorization, please do not hesitate to contact the CRIS Legal Services Team or attend one of our upcoming open intake days.