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USCIS REGULATORY CHANGES TO OBTAINING EMPLOYMENT AUTHORIZATION BASED ON ASYLUM

On June 22, 2020, the USCIS announced a soon to be published regulatory change to Asylum applicants. According to the government, this will be done in order to deter aliens from filing fraudulent claims without merit, to gain asylum, and obtain an employment authorization documents. This change will go into effect on August 25, 2020 and does not alter the asylum eligibility criteria whatsoever.

 

The rule comes from the April 2019 Presidential Memorandum on Additional Measures to Enhance Border Security.

 

USCIS Deputy Director, Joseph Edlow, stated that these new reforms are created to ensure against aliens filing for asylum for the benefit of obtaining work authorization. The changes will also help deny frivolous applications of asylum by stopping employment authorization for aliens who did not file for asylum within one year of their entry, or until a judge deems the alien eligible for asylum.

 

The rule prevents aliens who entered the United States illegally absent good cause, from obtaining employment authorization based on a pending asylum application.

 

The rule postulates new bars and denials for employment authorization:

  • Certain criminal behavior.
  • Extending the waiting time before any asylum applicant can file for authorization from 150 days to 365 days.
  • Limiting the employment authorization validity period to a maximum two years.
  • Automatically terminating employment authorization when an applicant’s asylum denial is administratively finalized.

 

The final rule is scheduled to be published in the Federal Register on June 26,2020.

 

Disclaimer

This article aims to provide new information concerning recent Presidential proclamation and its effect on the Aliens. This article, under no circumstances, acts as legal advice; therefore, for any proclamation or any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).

 

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