In recent months, U.S. Citizenship and Immigration Services (“USCIS”) has been denying Employment Authorization renewals on the basis that zero days had elapsed and they are therefore not eligible for a work card. In 1994, the laws changed, requiring one to wait 150 days after filing their asylum application before they could file for employment authorization.
The important thing to remember is that this regulation is not retroactive and did not apply to asylum applications and concurrently filed employment authorization applications filed before 1994. Specifically, individuals were permitted to file both applications simultaneously, and have continued to renew their work cards each and every year until there is a decision on their asylum applications.
The problem is that recently USCIS has been denying current EAD renewals for applications filed pre-1994, based on the current regulations. If this happens, do not panic; simply immediately file a new employment authorization application and boldly state that you are eligible if your application was filed before December 5, 1994.
Tags: Asylum Application, EAD, Employment Authorization Renewal, retroactive, USCIS