Can I Work While Waiting for My Asylum Case to Be Approved?

Filing for asylum means putting your life on hold while the government decides your fate. You’ve escaped danger, submitted your application, and now face an agonizing wait that could stretch for years.

Fortunately, federal law does allow asylum applicants to obtain work permits. The rules are strict, the timing is critical, and the process can be confusing.

Here’s exactly how to legally work while your asylum case is pending.

The 150-Day Waiting Period for Asylum Work Permits

When Your Clock Starts Ticking

The government makes asylum seekers wait 150 days before even applying for work authorization. This mandatory waiting period begins when USCIS or an immigration judge receives your complete Form I-589, Application for Asylum and for Withholding of Removal.

Your 180-day asylum EAD clock tracks two critical milestones:

• Day 150: You can submit your work permit application
• Day 180: USCIS can approve your employment authorization

The clock runs differently for affirmative asylum (filed with USCIS) versus defensive asylum (filed in immigration court). Both follow the same timeline, but different events can affect your clock.

What Stops Your Clock

Certain actions pause your eligibility clock, pushing back when you can apply for work authorization:

• Requesting to reschedule your asylum interview
• Failing to appear for biometrics appointments
• Asking for additional time to find an attorney
• Filing motions that delay proceedings
• Submitting incomplete applications requiring correction
• Requesting postponements of hearings

These stoppages can add months or even years to your wait. Some delays are unavoidable, but others you can control through careful planning.

How to Apply for Employment Authorization

Filing Your Form I-765 Application

Once you hit the 150-day mark, you can submit Form I-765, Application for Employment Authorization. This application requests your employment authorization document (EAD), your official work permit.

Your application must include these specific items:

• Form I-765 with category (c)(8) selected for pending asylum
• Two identical passport-style photographs
• Copy of your I-589 receipt notice showing filing date
• Copy of your asylum interview notice (if received)
• Evidence of any clock stoppages or restarts

Application updates:

• Beginning July 22, 2025, USCIS requires a filing fee for an initial asylum-based EAD application
  • The long-standing no-fee practice for initial (c)(8) EADs has changed
• USCIS now allows asylum applicants to file Form I-765 online (since Jan. 2023)
  • Online filing can speed confirmation and may be faster in many cases
  • Processing times still vary by office

Where and How to Submit

You have two options for filing your work permit application:

1. Online filing through your online USCIS account offers faster processing and instant confirmation
2. Mail submission remains available, but takes longer

For online filing, create your account at the USCIS website and upload all documents digitally. For mail submission, send your complete package to the appropriate USCIS lockbox based on your state of residence.

Current Processing Delays

Although regulations require decisions within 30 days after day 180, reality differs significantly. Most asylum-based work permits currently face these processing times:

• Initial applications: 2-4 months from filing
• Renewal applications: 3-5 months from filing
• Expedite requests: Rarely approved for asylum cases
• Status updates: Available weekly through USCIS systems

These delays create serious hardships, but your eventual approval remains protected by law.

Processing times vary widely by office and case. USCIS processing-time targets have changed in recent years, and adjudication can take from a few weeks to several months.

Check USCIS processing times for Form I-765 and your filing method before relying on specific timelines.

Types of Work Authorization for Those Who Seek Asylum

Standard Pending Asylum Work Permits

Most asylum seekers receive work authorization through their pending asylum application. This standard pathway provides the broadest employment rights.

Benefits of asylum-based employment authorization include:

• EADs issued on the (c)(8) asylum basis may be granted for longer periods under current USCIS policy
• USCIS may now issue initial or renewal EADs for up to five years in many eligibility categories
• Unlimited renewal while the case remains pending
• Authorization for any legal employment
• Ability to change employers freely
• Valid across all states
• Accepted by all employers using E-Verify

Your permit continues through transfers between the asylum office and immigration court proceedings.

Alternative Work Permits Based on Parole

Some asylum applicants enter the United States through humanitarian parole programs. These individuals may qualify for different work authorization.

Parole-based work permits offer distinct advantages:

• No 150-day waiting period required
• Processing may be faster than asylum-based permits
• Category (c)(11) instead of (c)(8)
• Validity tied to parole duration
• May allow immediate employment upon approval

Check your parole documentation to determine eligibility for this alternative pathway.

Work Permit Based on TPS Status

Asylum seekers from countries designated for Temporary Protected Status can pursue TPS-based work authorization. This creates a backup option while awaiting asylum decisions.

TPS employment authorization provides:

• Independent basis for work permits
• Protection from removal during designation
• Potentially faster initial approval
• Category (c)(19) work authorization
• Travel authorization possibilities

Currently, designated countries change periodically. Verify your country’s TPS status before applying.

What Happens to Work Authorization After an Asylum Decision?

Following Asylum Approval

Winning your asylum case transforms your work authorization completely. Granted asylum means permanent work eligibility without separate permits.

After asylum approval, your employment situation changes:

• Current EAD remains valid until expiration
• No renewal necessary after expiration
• Asylum approval letter serves as work authorization proof
• Green card eligibility begins after one year
• Derivative asylees receive the same work rights

Asylum officers or immigration judges provide documentation confirming your new status and work authorization.

After Case Denial

Denial doesn’t automatically terminate work authorization. Your specific circumstances determine continued eligibility.

Following denial, these scenarios may apply:

• Valid EADs continue until the printed expiration date only if your case is referred to the immigration court
• Appeals to the Board of Immigration Appeals preserve eligibility
• Immigration court review maintains pending status
• Federal court appeals extend work permit renewability
• Withholding of removal grants provides separate work authorization

Each situation requires careful analysis of your procedural posture and remaining remedies.

During the Appeals Process

Appeals keep your case technically pending, preserving work permit eligibility. The immigration system recognizes the continued need for employment during lengthy review processes.

You maintain work authorization eligibility while:

• Board of Immigration Appeals reviews your case
• Federal circuit courts consider petitions for review
• Immigration judges reconsider remanded cases

Continue renewing work permits throughout all appeal stages until final case resolution.

Common Challenges When Applying for Your First Work Permit

Clock Calculation Errors

Miscounting your 150 days causes unnecessary delays and rejected applications. The asylum EAD clock follows specific rules that confuse many applicants.

Common calculation mistakes include:

• Starting from the notice date instead of the filing date
• Ignoring clock stoppages in counting
• Confusing calendar days with business days
• Missing restart notices from immigration court
• Assuming continuous clock running

Track every document and notice affecting your clock. Maintain a detailed timeline showing starts, stops, and restarts.

Missing or Incorrect Documentation

Incomplete applications trigger requests for evidence, delaying approval by months. USCIS returns improperly filed applications without processing.

Critical documentation errors to avoid:

• Wrong category selection (must be c-8 for asylum)
• Expired or poor-quality photographs
• Missing asylum receipt notices
• Unsigned forms or sections
• Incorrect fee submissions for renewals

Double-check every requirement before submission. One missing document can delay authorization for months.

Renewal Timeline Management

Late renewal applications create employment gaps affecting your job and finances.

• File renewals exactly 180 days before expiration for continuous work authorization

Strategic renewal planning requires tracking multiple dates and understanding processing delays. Set calendar reminders six months before expiration dates.

Other factors:

• File renewal applications up to 180 days before your current EAD expires to reduce the chance of a gap
• Check whether you qualify for automatic extension of work authorization while a renewal is pending

Rules for automatic extensions were updated and may apply differently by category.

Rights and Restrictions While Your Asylum Case Is Pending

Your Employment Rights

Valid work permits grant substantial employment freedoms matching those of permanent residents. These rights protect your ability to support yourself during case processing.

With proper employment authorization, you can:

• Accept positions with any employer
• Work multiple jobs simultaneously
• Start your own business
• Receive equal wages and benefits
• Change employers without permission
• Work in any state or location

California provides additional protections against employment discrimination based on immigration status.

Important Legal Limitations

Pending asylum status creates specific restrictions despite work authorization. These limitations continue until receiving asylum or other permanent status.

While your case is pending, you cannot:

• Vote in any elections
• Leave without advance parole authorization
• Petition for family members’ immigration
• Receive certain federal benefits
• Obtain federal financial aid
• Serve on juries

Violating these restrictions could affect your asylum case or future immigration benefits.

Practical Steps to Legally Work While Waiting

Essential Timeline Management

Success requires precise tracking of multiple deadlines and requirements throughout your case.

Follow this timeline for work authorization:

1. Day 0: File a complete Form I-589 with the asylum office or immigration court
2. Day 1-149: Gather documents for work permit application
3. Day 150: Submit Form I-765 immediately
4. Day 151-180: Monitor application status regularly
5. Day 180+: Follow up if no decision received
6. Every 6 months: Check renewal deadlines
7. 180 days before expiration: File renewal application

This schedule maximizes your chances of continuous work authorization without gaps.

Document Organization System

Proper documentation prevents delays and supports successful applications. Create a system tracking all immigration paperwork.

Your system should include:

• Original asylum application copy
• All USCIS and court notices
• Clock calculation worksheet
• Receipt notices for all filings
• Copies of all work permits
• Renewal deadline calendar

Keep physical and digital copies of everything. Upload documents to secure cloud storage for backup protection.

Process Work Authorization Successfully

The asylum work permit process tests your patience while demanding precision. Every day counts when calculating eligibility. Every document matters for approval.

The Law Office of Lina Baroudi helps asylum seekers in California secure work authorization and protect their cases. Contact us to discuss your pending asylum case and work permit eligibility.

Work authorization provides essential support during your asylum case.