2. Legal Articles
  3. Immigration
  4. USCIS Proposes Changes to EAD Processes Based on Pending Asylum Applications

REFINE BY AREAS

Search Legal Articles

USCIS Proposes Changes to EAD Processes Based on Pending Asylum Applications

by Alexander J. Segal on Oct. 09, 2019

Immigration Immigration  Deportation Immigration  Visa 

Summary: On September 6, 2019, the United States Citizenship and Immigration Services (USCIS) proposed a new rule to reform the process for adjudicating applications for employment authorization by those with pending asylum applications.

immigration attorney nycOn September 6, 2019, the United States Citizenship and Immigration Services (USCIS) proposed a new rule to reform the process for adjudicating applications for employment authorization by those with pending asylum applications [PDF version]. You can read the proposed rule here [PDF version].

Under current regulations codified at 8 CFR 208.7(a)(1), the USCIS is required to adjudicate initial employment authorization requests by certain individuals with long-pending asylum applications within 30 days. The USCIS is proposing to do away with this 30-day requirement for adjudicating asylum applications filed on the basis of pending asylum applications. The proposed rule provides that the USCIS would grandfather in pending employment authorization requests at the time of a final rule.

The USCIS is also proposing to remove 8 CFR 208.7(d), which requires those seeking the renewal of employment authorization based on pending asylum applications to apply at least 90 days before the expiration of the current employment authorization document. The USCIS is proposing this change because of 2017 regulations which provide for automatic 180-day extensions of employment authorization in cases where the alien files an application to renew the employment authorization with the USCIS [see article].

The USCIS is accepting public comments on the proposals through November 8, 2019. It is important to reiterate that these changes are merely proposed rules, and until the USCIS publishes a final rule, the current regulations regarding employment authorization based on pending asylum applications remain in effect.

To learn more about asylee issues generally, please see our growing selection of articles on the subject [see category].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

Legal Articles Additional Disclaimer

Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.

Now Chatting...