Starting from August 25, 2020, a set of new rules aiming at restrict asylum seekers eligibility to receive or renew employment authorization(EAD) took effect.

Highlights of the new rules:

1. After 8/25/2020, asylum applicants must wait for 365 days after they properly filed their I-589 to request EAD(previously it required only 150 days to apply);

2. applicant who entered the US illegally(enter without inspection) on or after 8/25/2020, unless they turn themselves within 48 hours of the entry to the DHS seeking asylum, they are not eligible for EAD.

3. During the 365 waiting time, if an applicant caused delay of the adjudication of the application, they cannot be approved for EAD. The delay includes a request to change the case to another asylum office due to address change; failed to appear for interview; failed to provide evidence; a request to amend or supplement an asylum application; failure to provide a competent interpreter; a request to reschedule, etc.

4. If the immigration judge denies asylum, unless a timely appeal is filed, EAD will automatically terminate;

5. If the Board of Immigration Appeal(BIA) affirms the denial of the asylum, EAD will terminate on the same date.

6. EAD is not permitted during the federal appeals court review, unless the petition for review is granted or the case is remanded to the BIA.

7. Many criminal convictions, or sometimes even without conviction ("there are serious reasons for believing that you on or after 8/25/2020 have committed a serious non-political crime outside of the United States"), if occured on or after 8/25/2020, may cause the denial of EAD application.

In sum, asylum applicants must wait for much longer to apply for EAD and there are many reasons that an applicant may never receive an EAD.

We urge ALL asylum applicants to be very careful when deciding to file asylum and choose their legal counsel wisely.