Everything You Need to Know About the 150-Day Rule for Work Permits in Asylum Cases

The process of applying for asylum in the United States can be lengthy and, in many cases, uncertain. One of the key aspects for asylum seekers who wish to work while waiting for a decision on their application is the 150-Day Rule. This rule establishes the conditions under which a person can apply for a work permit while their asylum application is pending. Below, we will explore in depth how this rule works, what factors you should consider, common pitfalls to avoid, and how to maximize your chances of obtaining work authorization.

What Is the 150-Day Rule?

The 150-Day Rule is a directive from the U.S. Citizenship and Immigration Services (USCIS) stating that an asylum applicant can apply for a work permit (Form I-765) 150 days after their asylum application has been received, provided that USCIS has not made a decision on their application within that time.

The purpose of this rule is to allow asylum seekers, whose petitions are being processed and have taken longer than expected, to obtain a temporary work permit so they can support themselves while waiting for a resolution on their case. This measure helps prevent applicants from facing financial difficulties during the waiting period and ensures that they can sustain themselves legally in the U.S.

How Does the 150-Day Rule Work?

To better understand how this rule is applied, it is important to consider the following key details:

Counting the 150 Days

The countdown starts from the date USCIS receives the asylum application (Form I-589), not from the date it is accepted or the review process begins. If your application has been pending for 150 days without a decision, you may then apply for a work permit.

Application Process for the Work Permit

Once you have met the 150-day waiting period without receiving a decision, you can submit Form I-765 to apply for a work permit. Keep in mind that this permit is temporary and must be renewed, depending on the circumstances of your case.

The steps to apply include:

1. Check your eligibility by ensuring that 150 days have passed since USCIS received your asylum application.

2. Complete Form I-765, providing all necessary personal details and supporting documentation.

3. Pay any applicable fees (if required, though some applicants may qualify for a fee waiver).

4. Submit your application to USCIS either online or via mail, following the proper filing instructions.

Waiting Time to Obtain the Work Permit

Even if you have met the 150-day requirement, USCIS may take additional time to process your work permit application. Processing times can vary depending on case volume, location, and administrative backlogs. Be prepared to wait several months after submitting your request.

Additional Requirements and Considerations

Aside from the 150-day period, your asylum application must still be pending and must not have been closed or denied. If USCIS issues a negative decision or there is a problem with your case, you will no longer be eligible to apply for a work permit under this rule.

Once your work permit application is approved, you will be legally authorized to work in the U.S. while awaiting a final decision on your asylum case. However, this work authorization is valid for a limited period and must be renewed if your asylum application remains pending.

What Can Delay or Disqualify Your Work Permit Application?

Certain conditions may affect your eligibility to apply for or receive a work permit, including:

Delays Attributable to the Applicant

If the delay in processing your asylum application is due to your failure to respond to a USCIS request, missing documents, or additional information, that waiting time will not be counted as part of the 150 days.

Situations that can cause delays include:

• Failing to attend biometrics appointments.

• Missing interviews or court hearings.

• Not responding to USCIS requests for additional evidence (RFEs).

• Requesting unnecessary changes or modifications to your case.

Changes in Immigration Policy

U.S. immigration policies can change, which may affect the process and requirements for obtaining a work permit. For example, administration changes or new regulations could alter the conditions under which work permits are granted. It is advisable to stay informed about new rules that may impact your case.

Denial or Closure of Asylum Application

If your asylum application is denied or certain procedures are closed, you will no longer be eligible to apply for a work permit under the 150-Day Rule. Therefore, it is crucial to stay informed about the status of your case at all times and consult an attorney if you are unsure about any developments.

What to Do If the 150-Day Mark Is Approaching

If you are nearing the 150-day waiting period, we recommend taking the following steps to ensure that your work permit application is processed correctly:

Track Your Asylum Application Progress

Use USCIS online tools to check the status of your asylum application and ensure there are no additional problems or delays. If any delays are noticed, address them as soon as possible.

Gather Required Documentation in Advance

To avoid further delays in your work permit application, ensure that you have:

• A copy of your asylum application receipt notice (Form I-797).

• A valid photo identification document (such as a passport or national ID).

• Any additional evidence required by USCIS to confirm your eligibility.

Seek Legal Assistance

If you have questions or your case is particularly complex, an immigration attorney can help you understand all aspects of your process and ensure that your work permit application is submitted correctly.

What to Do If You Are Not Yet Eligible to Apply for a Work Permit?

If 150 days have not yet passed since you submitted your asylum application, you must wait until you meet this requirement before applying for a work permit. During this time, it is crucial to keep your asylum application up to date, ensuring there are no delays caused by missing documents or additional information requests.

If you cannot yet apply for a work permit, consider the following options:

• Consult an Immigration Attorney: They can provide guidance on how to expedite the asylum process and explore other immigration options.

• Explore Other Legal Avenues: You may be eligible for other immigration statuses while your asylum application is pending.

• Humanitarian Relief Programs: Some asylum seekers may qualify for programs such as Parole, which could provide temporary work authorization.

Conclusion

The 150-Day Rule is a fundamental part of the asylum process that allows applicants to obtain a temporary work permit while awaiting a decision on their case. Although it can be a lengthy and complex process, understanding how this rule works and how to use it correctly can give you the tools needed to move forward with your asylum case and ensure your financial stability.

If you need help with your asylum application or applying for your work permit, at De Maio Law, we are here to provide the legal guidance you need. Contact us today to discuss your case and explore the best options available to you in this complex immigration process.

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