Blog

Authors: Jonathan Wasden & Justin Rivera, Immigration Attorneys

For asylum seekers in the United States, gaining employment authorization can be a challenging process influenced by various factors, including applicant-caused delays. The “180-day Asylum EAD Clock” governs the timeline for asylum applicants to qualify for an Employment Authorization Document (EAD), yet applicant delays can pause this clock, impacting the ability to work legally. Here, we delve into how these delays affect asylum cases and explore the complexities of the EAD Clock.

Key Takeaways

• 180-Day EAD Clock: A tool for tracking eligibility for employment authorization based on the pending time of an asylum application.
• Applicant-Caused Delays: Delays initiated by the asylum applicant, such as rescheduling requests or missing required appointments, pause the EAD Clock.
• Consequences of Delay: Stopping the EAD Clock can extend the time before applicants qualify for work authorization, impacting livelihood and stability.
• Resolution Options: Understanding what causes clock stoppages and how to resolve delays is essential for asylum seekers navigating this process.

Context

The U.S. Citizenship and Immigration Services (USCIS) implemented the 180-day Asylum EAD Clock to regulate employment authorization for asylum applicants and to encourage timely and thorough asylum application processes. Designed to support efficient processing, the clock allows applicants to apply for an EAD after 150 days, with eligibility determined once the asylum application has been pending for a total of 180 days without applicant-caused delays.

Understanding the 180-Day Asylum EAD Clock

The 180-day EAD Clock is a timeline tool used to determine when asylum applicants can apply for and receive employment authorization. Here’s a breakdown of its key elements:

• Eligibility for EAD: Applicants can apply for an EAD after 150 days, though they can only be granted employment authorization after their asylum application has been pending for a full 180 days, free of any applicant-caused delays.
• Clock Activation: The clock starts the day USCIS or an immigration court receives a completed Form I-589, the Application for Asylum and Withholding of Removal.
• Paused Clock: Any delay requested or caused by the applicant (such as missing appointments or submitting additional documentation that necessitates rescheduling) pauses the clock until the issue is resolved.

Understanding these basic mechanisms helps asylum seekers make informed decisions to avoid unnecessary pauses in their EAD eligibility process.

What Stops the 180-Day EAD Clock?

Various actions by the applicant can result in the EAD Clock being paused. Key causes include:

1. Failure to Appear for Appointments: Missing biometrics appointments or asylum interviews will stop the clock. The clock only resumes after the applicant attends these appointments.
2. Requests for Extensions: Applicants who need additional time to submit documents or who request to reschedule appointments cause the EAD Clock to pause.
3. Changes in Interview Location: When applicants request a transfer to a new asylum office, possibly due to a change in residence, the clock halts until the rescheduled interview is complete.
4. Submission of Late Evidence: If significant evidence is submitted close to the interview date, requiring rescheduling, the clock pauses until the new interview date.

By understanding these pause triggers, asylum applicants can plan proactively to minimize delays in employment authorization eligibility.

Resuming the EAD Clock and Overcoming Delays

Once an applicant resolves a delay, the 180-day EAD Clock resumes, continuing to count towards the 180 days required for EAD eligibility. The process includes:

• Re-engagement with USCIS or EOIR: Appearing at rescheduled interviews or submitting required documentation promptly.
• Providing Justification: Applicants may present “good cause” or “exceptional circumstances” to explain missed appointments, allowing the clock to potentially restart without major consequences.
• Monitoring the Clock: Asylum seekers can track their clock status through the EOIR Automated Case Information System, which helps in confirming when they are approaching eligibility.

These steps are critical for applicants seeking to avoid further delays, especially as long pauses can compound and significantly extend the waiting period.

Special Cases and Exception Scenarios

Certain scenarios offer unique considerations:

• Cases Referred to Immigration Court: When USCIS refers a case to immigration court, the EAD Clock can continue, depending on circumstances. However, if the delay is attributed to the applicant, the clock will pause.
• Unaccompanied Alien Children (UAC): For minors initially filing with EOIR, adjournment codes due to jurisdiction transfers do not pause the EAD Clock, although subsequent applicant-related delays will.
• Remand from Appeals: If an application is remanded for further consideration by a higher court, the EAD Clock may credit the time spent in appeal, allowing the applicant to continue accumulating time towards the 180-day threshold.

These specific situations highlight the importance of applicants maintaining thorough records and tracking interactions with USCIS and EOIR to safeguard their employment eligibility timeline.

Conclusion

For asylum applicants, the 180-day Asylum EAD Clock is both a guide and a constraint. Applicant-caused delays can significantly affect employment authorization timelines, impacting an applicant’s ability to work legally in the U.S. Understanding the actions that stop the clock and the steps necessary to restart it is essential for minimizing delays. Asylum seekers who proactively engage with USCIS processes and avoid unnecessary pauses are better positioned to secure timely employment authorization, fostering stability and self-sufficiency during their immigration proceedings.

Frequently Asked Questions

1. What is the 180-Day EAD Clock? The 180-Day EAD Clock is a timeline measuring the pending duration of an asylum application, determining when applicants can apply for work authorization after 150 days and potentially receive it after 180 days, assuming no applicant-caused delays.

2. What types of delays stop the EAD Clock? Delays such as missed appointments, requests for more time to submit documents, and rescheduling requests pause the clock, as do requests for a change in interview locations.

3. How can an applicant resume the 180-Day EAD Clock? The clock resumes when the applicant addresses the cause of delay, such as by attending rescheduled appointments or promptly submitting required documents.

4. Does the clock stop if USCIS delays the case? No, delays attributed to USCIS or the Department of Homeland Security generally do not pause the clock, allowing it to continue toward the 180-day requirement.

5. How can an applicant track the EAD Clock? Asylum seekers can monitor their EAD Clock status via the EOIR Automated Case Information System or contact USCIS for updates if their application is pending there.