Important Work Permit News
This week has given us some exciting news for immigrants who rely on their employment authorization documents to provide for their families.
Starting on February 10, 2022, USCIS will generally grant new and renewed EADs that are valid for two years to applicants in the following categories:
Admitted as a refugee (a)(3);
Granted asylum (a)(5);
Granted withholding of deportation or removal (a)(10); and
VAWA self-petitioner (c)(31).
Additionally, USCIS will generally grant new and renewed EADs up to the end of the parole or deferred action period to applicants in the following categories:
Paroled into the United States for urgent humanitarian reasons or significant public benefit (c)(11); and
Granted deferred action (non-DACA) (c)(14).
In 2020, the Trump Administration created rules regarding employment authorization documents (EADs), which severely restricted the ability of asylum seekers to access work permits. One of the rules sought to completely transforms the eligibility criteria for asylum seekers to obtain employment authorization, including requiring asylum seekers to wait one year after filing their asylum application before they are eligible to apply for employment authorization.
A federal court ruled that rules issued by the Trump administration restricting — and in some cases eliminating — access to work authorization for asylum seekers were illegally issued and are therefore invalid.
"The right to work is an essential component of humanitarian protection," said Joan Hodges-Wu, executive director and founder of AsylumWorks. "Work is not only imperative to economic survival; it also represents a means for asylum seekers to maintain personal dignity and self-respect during the long and protracted legal process. The court took a critical step toward upholding the rights of asylum seekers by vacating illegally-issued rules created to deter individuals and families seeking safety from harm. We applaud the court's decision and look forward to continuing our work to help asylum seekers prepare for and retain safe, legal, and purposeful employment."
