News & Insights

1. Background on Work Permit Eligibility for Asylum Seekers

The Immigration and Nationality Act (INA) and its accompanying regulations outline work authorization rules for asylum seekers. If you have a pending asylum application or appeal, you may qualify for a work permit under category (c)(8).

• As long as your asylum appeal is pending before the Board of Immigration Appeals (BIA), you are still considered eligible to apply for or renew a work permit.
• Renewing your work permit ensures there is no gap in your employment authorization while you await the decision on your appeal.

2. Timing for Renewal

• You can generally file to renew your work permit up to 180 days before its expiration.
• Since your work permit expires in August 2025, you can begin the renewal process as early as February 2025.
• Under the current rules, submitting a timely renewal application allows for an automatic extension of your work permit for up to 540 days, provided the renewal application is pending.

3. Filing Requirements for Renewal

To renew your work permit, you need to:

Complete Form I-765 (Application for Employment Authorization):

• Indicate that you are applying for a renewal under category (c)(8).

Pay the Applicable Fee or Request a Fee Waiver:

• Include the filing fee or Form I-912 for a fee waiver, if applicable.

Include Required Documents:

• Submit a copy of your current work permit.
• Provide proof of your pending asylum case (e.g., acknowledgment of your BIA appeal).
• Include other supporting documentation as instructed by USCIS.

4. Considerations During the Appeal Process

Automatic Extension:

• If your work permit renewal application is filed on time, your employment authorization will be automatically extended, ensuring you can continue working legally while USCIS processes your renewal.

Pending Appeal:

• The pending appeal at the BIA keeps your asylum application active, which maintains your eligibility for a work permit.

Importance of Timely Action:

• Filing for renewal early helps avoid disruptions to your work authorization.

Conclusion

Renewing your work permit is an essential step to ensure continued work authorization while waiting for your asylum appeal decision. Start the renewal process promptly, comply with all USCIS requirements, and monitor the status of your application closely.

If you have questions or need assistance with your renewal, consult with a qualified immigration attorney or an accredited representative to ensure compliance with all requirements and deadlines.

Authoritative Sources:

• USCIS Employment Authorization Document Guidance
• Code of Federal Regulations on Work Authorization for Asylum Applicants (8 CFR §274a.12(c)(8))
• Board of Immigration Appeals Information

Stay informed and proactive to protect your rights and legal status while navigating the asylum process.