Proposal Changing Work Permit for Asylum

Nov 17, 2019 News

By Attorney Gail Seeram

U.S. Citizenship and Immigration Services announced a proposed rule to deter aliens from illegally entering the United States and from filing frivolous, fraudulent or otherwise non-meritorious asylum applications to obtain employment authorization.

The proposed rule will better allow USCIS to extend protections to those with bona fide asylum claims. USCIS also seeks to prevent certain criminal aliens from obtaining work authorization before the merits of their asylum application are adjudicated.

As directed by the presidential memorandum, USCIS proposes to:
• Prevent aliens who entered the United States illegally from obtaining work authorization based on a pending asylum application, with limited exceptions; and
• Automatically terminate employment authorization when an applicant’s asylum denial is administratively final.

Additionally, USCIS proposes to:
• Clarify that an asylum applicant’s failure to appear for a required appointment may lead to dismissal of their asylum application and/or denial of their application for employment authorization;
• Prevent aliens who fail to file their asylum application within one year of their latest entry as required by law from obtaining work authorization; and
• Render any alien who has been convicted in the United States of any federal or state felony, or convicted of certain public safety offenses involving child abuse, domestic violence, or driving under the influence of drugs or alcohol, ineligible for employment authorization.

Unresolved arrests or pending charges may result in the denial of the application for employment authorization as a matter of discretion.

Attorney Gail Seeram, LL.M., J.D., BBA
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Copyright ©Law Offices of Gail S. Seeram, 2019. All Rights Reserved

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