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Asylum EAD Rule Revocation Allows Application After 150 Days

By April 14, 2022May 14th, 2022No Comments

Through a decision in the Asylumworks, et. al. v. Alejandro Mayorkas, et. al. lawsuit, on February 7, 2022, the District Court of D.C. vacated the restrictive and deterring asylum rules issued in 2020 under the Trump Administration. Effective February 7, 2022, USCIS has stopped applying these rules. Under these previously enforced rules, among other things, USCIS created a wait period of 365 days to apply for a work permit, the prior rule required eligibility after 150 days. Given the decision by the Court has become final, and the government has decided not to appeal, asylum applicants can now file for their Employment Authorization Documents after a period of 150 days has passed since their filing. Although USCIS has not updated their website to reflect specifically the new wait period being 150 days, our firm has begun filing EAD applications for our clients that qualify as USCIS MUST consider these applications under current law.