Asylum Applicants No Longer Exempt From USCIS Discretion on Work Authorization

Asylum applicants are no longer exempt from U.S. Citizenship and Immigration Services (USCIS) discretion with respect to employment authorization. Under a final rule published in June and effective August 25, 2020, they are subject to the agency’s discretion when seeking authorization to work. The new rule does not apply to employment authorization applications filed or pending before August 25, 2020.

Related Links:

• USCIS Policy Manual, Chapter 5, Discretion
• USCIS recent update (scroll down to Recent Updates, Technical Update – Removing Exemption from Discretion for Asylum Applicants Seeking Employment Authorization under 8 CFR 274a.12(c)(8))
• USCIS Policy Alert, “Applying Discretion in USCIS Adjudications” (July 15, 2020)
• Related final rule