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What permission is there to Work in the United States?

On Behalf of | Dec 23, 2021 | immigration |

People seeking asylum in the US are escaping persecution in their home country. Someone seeking asylum can escape the persecution of race, nationality, religion, membership of a social group or political opinion. People seeking asylum around the Chicago area and through Midwest America can file Form I-589 to start the process. A person has one year to ask for asylum after entering the country. A person can include a spouse and children as long as the children are under 21 and single.

Applying for permission to work with a pending asylum application

The employment authorization in the US is a permission to work application. A person can’t file for permission to work alongside the asylum application. A person needs to wait 365 calendar days after filing the complete asylum application.

If a person enters the country legally on or after August 25, 2020, there are a few exceptions to the 365 calendar day rule. An asylum officer or immigration judge can allow the person to qualify for an early work request. An asylum seeker can request permission to work if they had any biometrics scheduled for appointments with either their employment authorization or asylum. A person looking for work needs an interview with an asylum officer before a scheduled immigration judge. There can’t be any final decisions on the asylum application and no applicant-caused delays.

Applicant-caused delays

If the date of the initial file is different, an applicant-caused delay may have occurred. Someone can request a supplement or amendment to the asylum application or fail to acknowledge receipt of the decision. A request to add more evidence before an interview causes application delays. A person rescheduling or not showing for an interview or biometrics collection for their asylum application stops the process. A person refusing an interpreter or not complying with directions stalls the application process.

There are many ways for applications to stall because of the applicant’s decisions. It’s best to answer the application correctly the first time. There are specific exceptions, but most applicants have to wait 365 days to start a request for permission to work. After the court grants asylum, a person can work immediately. If the court denies asylum, the person loses the right to work in 30 days.