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1 [1] (May 8, 2025)

handle is hein.crs/empymtanf0001 and id is 1 raw text is: Congressional Research Service Inforrning the legislative debate since 1914 S May 8, 2025 Employment Authorization for Asylum Applicants Aliens (i.e., persons who are not U.S. citizens or nationals) in the United States who are unable or unwilling to return to their country of nationality or last habitual residence due to persecution or a well-founded fear of persecution may apply for asylum. While asylum applicants await adjudication of their claims, they may receive temporary employment authorization by applying for an employment authorization document (EAD). The availability of employment authorization for asylum applicants has been scrutinized for several decades. Congressional interest has been particularly acute in recent years, as EAD applications have grown concomitantly with the swell of migrants arriving at the U.S.-Mexico border who are seeking asylum and the increasing backlogs of asylum claims before the Department of Justice's (DOJ's) Executive Office for Immigration Review (EOIR) and the Department of Homeland Security's (DHS's) U.S. Citizenship and Immigration Services (USCIS). Since the mid-2010s, the number of asylum applicant requests for EADs has increased precipitously (Figure 1). Since FY2016 (with the exception of FY2017 and FY2018), asylum applicants have accounted for the highest share of all EAD applicants (see data cited in Figure 1). Figure I. Total EAD Applications Received from Noncitizens with Pending Asylum Cases FY20 14-2024 (in millions) 1.M 1.6M 1.GMV 1 M 1.2M 1.1 1.OM 0 6M .6M 0.6 0,GM G.5M O.SM O.4M O-3' A 0.2M O.ZM .1M FY14 FY15 FY16 FY17 FY18 FY19 FY20 FY21 FY22 FY23 FY24 Source: CRS analysis of USCIS employment authorization data, FY2003-FY2022, FY2023, FY2024. Notes: Data includes initial, renewal, and replacement EAD receipts. Two viewpoints have generally motivated interest in reforming asylum applicants' access to work authorization. Some lawmakers and other observers argue that some migrants may file non-meritorious asylum claims merely in order to obtain employment authorization. According to this view, restricting asylum applicants' access to EADs would discourage irregular migration. Others argue that EADs should be more readily available to asylum seekers to promote their self-sufficiency as well as broader economic and humanitarian interests. Statutory and Regulatory Overview Generally, aliens who are present in the United States or at a port of entry may apply for asylum regardless of immigration status by filing Form I-589. Aliens who are in removal proceedings before the EOIR may file a defensive asylum claim. Aliens who are not in removal proceedings may file an affirmative asylum claim with USCIS. Both defensive and affirmative asylum applicants may apply for employment authorization. If approved, an asylum applicant's EAD may be valid for five years while the asylum claim is pending. Under the Immigration and Nationality Act (INA), asylum seekers may not receive employment authorization prior to 180 days after the date of filing an asylum application. The INA does not guarantee employment authorization to asylum applicants; rather, it allows DHS to provide such authorization by regulation. Under current DHS regulations, asylum applicants may apply for an EAD 150 days after filing Form I-589. USCIS then has 30 days to adjudicate an employment authorization request, filed through Form I- 765, after it has been received. Applicable regulations also include the following provisions: • Asylum applicants who are aggravated felons are ineligible for employment authorization. • A pending EAD application is denied if an asylum officer or immigration judge denies the asylum claim. • Employment authorization may be renewed while the asylum claim is pending. USCIS adjudicates all EAD applications. The agency has experienced delays in processing Form I-765. As of the date of this report, USCIS processes 80% of asylum applicants' initial EAD applications within 30 days and 80% of renewal or replacement applications within 10 months. In FY2024, USCIS processed approximately 1.64 million EAD applications from asylum seekers (including initial and renewal applications), approving 88% of them. In certain cases, asylum applicants may be able to pursue employment authorization by other means. For example, asylum applicants may simultaneously hold another status, such as Temporary Protected Status, immigration parole, or nonimmigrant (temporary) status, which may provide eligibility for employment authorization through regulations not governed by the 180- and 150-day provisions. igross.gov

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