USCIS Issues Alert on Asylum EAD Applications Following Preliminary Injunction

USCIS issued an alert regarding the steps it is taking to comply with the September 11, 2020, preliminary injunction in Casa de Maryland, et al. v. Chad Wolf, et al. concerning the application of certain regulatory changes to Forms I-589 and I-765 filed by asylum applicants who are CASA or ASAP members.

Specifically, with regard to CASA and ASAP members, the court preliminarily enjoined enforcement of the following regulatory changes:

• Removal of the 30-day adjudicatory period for Form I-765, Application for Employment Authorization, based on an underlying asylum application;
• The requirement to submit biometric information and related fee as part of the filing of a Form I-765 based on an asylum application;
• The 365-day waiting period for Employment Authorization Document (EAD) eligibility based on an underlying asylum application;
• The bar on EAD eligibility for asylum applicants subject to the one-year filing bar for asylum, applicable to a Form I-765 based on an asylum application filed on or after Aug. 25, 2020;
• The discretionary review rule, providing that the agency has discretion as to whether to grant a Form I-765 based on an asylum application; and
• Removal of the rule deeming a Form I-589, Application for Asylum and for Withholding of Removal, complete if USCIS does not reject it within 30 days of receipt.

For more information on becoming a member of the Asylum Seeker Advocacy Project (ASAP), please visit https://asylumadvocacy.org/members/.

For information on becoming a member of CASA, please visit: https://wearecasa.org/membership/.

AILA Asylum and Refugee Committee Note: The imposition of the biometrics fee (currently $85.00) for both initial and renewal (c)(8) EAD applicants is entirely distinct from the preliminary injunction ordered in Immigrant Legal Resource Center, et al. v. Chad Wolf, et al. on September 29, 2020. In Immigrant Legal Resource Center v. Wolf, the U.S. District Court for the Northern District of California enjoined the final rule regarding the scheduled fee increase for many USCIS forms, which was to go into effect on October 2, 2020. However, the imposition of the biometrics fee for both initial and renewal (c)(8) EAD applicants has not been enjoined and applicants must now either pay the biometrics fee or provide proof of their membership in ASAP or CASA. Accordingly, there is incentive for all (c)(8) EAD applicants to join ASAP or CASA, not just initial applicants.

Related Resources

• Resources Related to Lawsuit Challenging New DHS Asylum EAD Rules (Casa de Maryland, Inc., et al. v. Wolf, et al.)
• Practice Alert: Important Updates Regarding Form I-765, Application for Employment Authorization
• USCIS Final Rule on Employment Authorization for Asylum Applicants (85 FR 38532, 6/26/20)
• USCIS Final Rule Removing 30-Day Processing Provision for EADs for Asylum Applicants (85 FR 37502, 6/22/20)