Revisions to Asylum Application, Interview, and Employment Authorization for Applicants

Policy effect

Extended the waiting period for asylum applicants to apply for an initial Employment Authorization Document (EAD) from 150 to 365 days, added criminal and illegal-entry disqualification bars to EAD eligibility, and tied EAD validity directly to asylum adjudications.

Conditions and exceptions

Validated condition or limit: Extended the waiting period for asylum applicants to apply for an initial Employment Authorization Document (EAD) from 150 to 365 days, added criminal and illegal-entry disqualification bars to EAD eligibility, and tied EAD validity directly to asylum adjudications.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

SUMMARY: On November 14, 2019, the Department of Homeland Security (DHS) published a notice of proposed rulemaking (NPRM) that would modify DHS's regulations governing asylum applications, interviews, and eligibility for employment authorization based on a pending asylum application. This final rule implements the proposed rule, with some amendments based on public comments received. DATES: This final rule is effective August 25, 2020.

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2020

• 2020-02-01Advance USCIS permission removed for qualifying consular I-130 filings
• 2020-02-01Routine I-130 processing ends at most USCIS international offices
• 2020-02-02Suspension of Entry for Aliens Physically Present in China
• 2020-02-21Proclamation 9983 expands travel restrictions to six additional countries
• 2020-02-24Nationwide Implementation of the Inadmissibility on Public Charge Grounds Final Rule
• 2020-03-01Implementation of the H-1B Electronic Registration Process
• 2020-03-02Suspension of Entry for Individuals Present in Iran
• 2020-03-13Suspension of Entry for Persons Present in the Schengen Area
• 2020-03-16Suspension of entry for aliens physically present in the United Kingdom or the Republic of Ireland
• 2020-03-18Somalia TPS designation extended through September 17, 2021
• 2020-03-20CDC Title 42 Public Health Border Suspension Order
• 2020-03-26Citizenship residence exception created for qualifying children living abroad
• 2020-04-23Presidential Proclamation 10014 Suspending Entry of Immigrants Risking the Labor Market
• 2020-05-26Brazil COVID-19 entry restriction begins on amended date
• 2020-06-24Proclamation 10052 suspends entry for H-1B, H-2B, J, and L workers
• 2020-07-28DHS Reconsideration and Interim Limitation of Deferred Action for Childhood Arrivals (DACA)
• 2020-08-21Removal of 30-Day Processing Provision for Form I-765 Employment Authorizations for Asylum Applicants
• 2020-08-21Temporary Travel Restrictions at Land Ports of Entry (U.S.-Canada and U.S.-Mexico Borders)
• 2020-09-23DHS temporarily requires government-provided interpreters for many asylum interviews
• 2020-10-02DHS finalizes USCIS fee schedule and fee-waiver changes
• 2020-10-08Department of Labor Interim Final Rule Strengthening Wage Protections for Immigrant and Nonimmigrant Workers
• 2020-11-18USCIS Policy Manual Update: Lawful Admission Prerequisite for Naturalization
• 2020-12-01Redesigned civics test introduced for new naturalization applications
• 2020-12-07DHS narrows H-1B specialty occupation and third-party placement rules