#1: WHAT IS THE 180-DAY ASYLUM EAD CLOCK?
The “180-day Asylum EAD Clock” measures the time period during which an asylum application has been pending with the U.S. Citizenship and Immigration Services (USCIS) asylum office and/or the Executive Office for Immigration Review (EOIR). USCIS service centers adjudicate the Form 1-765, Application for Employment Authorization, and use the 180-day Asylum EAD Clock to determine eligibility for employment authorization. Asylum applicants who applied for asylum on or after January 4. 1995, must wait 150 days before they can file a Form 1-765. USCIS cannot grant employment authorization for an additional 30 days, for a total 180-day waiting period. This 180-day Asylum EAD Clock does not include any delays applicants request or cause while their applications are pending with an asylum office or immigration court.
#2: WHAT STARTS THE 180-DAY ASYLUM EAD CLOCK?
For asylum applications first filed with an asylum office, USCIS calculates the 180-day Asylum EAD Clock starting on the date that a complete asylum application is received by USCIS, in the manner described by the Instructions to the Form 1-589, Application for Asylum and for Withholding of Removal. If an asylum application is referred from the asylum office to EOIR, the applicant may continue to accumulate time toward employment authorization eligibility while the asylum application is pending before an immigration judge.
For asylum applications first filed with EOIR. USCIS calculates the 180-day Asylum EAD Clock in one of two ways:
1. If a complete asylum application is “lodged” at the immigration court window, the application will be stamped “lodged not filed” and the applicant will start to accumulate time toward eligibility for employment authorization on the date of lodging, or
2. If the asylum application is not “lodged,” the applicant generally will start to accumulate time toward eligibility for employment authorization on the date that a complete asylum application is filed at a hearing before an immigration judge.
Applicants who lodge an application at an immigration court window must still file the application with an immigration judge at a later hearing.
#3: WHAT STOPS THE 180-TLAY ASYLUM EAD CLOCK?
The 180-day Asylum EAD Clock does not include any delays requested or caused by an applicant while his or her asylum application is pending with USCIS and/or EOIR.
For cases pending with an asylum office:
Delays requested or caused by an applicant may include:
• A request to transfer a case to a new asylum office or interview location, including when the transfer is based on a new address;
• A request to reschedule an interview for a later date;