How the New USCIS Requirements for Employment Eligibility Affects Asylum Seekers;

The United States Citizenship and Immigration Services agency has recently amended the requirements for asylum seekers who wish to apply for employment permissions or job permits. The changes were measures taken to “deter aliens from illegally entering the United States and from filing frivolous, fraudulent, or otherwise non-meritorious claims for asylum to obtain an employment authorization document”.

According to USCIS, the new rulings are aimed at reducing the numbers of illegal aliens who specifically try to exploit the asylum system for economic opportunities and delay the process for asylum seekers who are in dire and legitimate need of assistance.

What are the amendments?

Removal of 30-day processing provision for employment authorization applications (Form I- 765)

Extension of the waiting period before an asylum seeker can apply for employment authorization from 150 days to 365 calendar days.
Employment authorization validity period will now be limited to a maximum of two years.

It denies work permits to asylum applicants who did not cross the U.S. border at an authorized port of entry.

It automatically terminates employment authorization on the date of asylum application denial. (Cases will no longer be referred to the Department of Justice Executive Office for Immigration Review)

An applicant’s failure to attend appointments will automatically dismiss their application for asylum and/or employment authorization

Who is affected by these changes?

Millions of immigrants will be affected by the new rules. The following categories of immigrants are currently eligible for applying for employment authorization:

• Refugee
• Paroled as a Refugee
• Asylee
• Parolee
• Granted Withholding of Deportation or Removal
• Temporary Protected Status (TPS)
• Student Seeking Optional Practical Training (OPT)
• Student Offered Off-Campus Employment
• Several employment-based non-immigrant categories
• Spouse of an H-1B non-immigrant and other non-immigrant work visa holders

What does it mean for asylum seekers now?

These applicants will now face longer wait times and have no guarantee of approval. Those with criminal backgrounds, or who commit any felony related to child abuse, domestic violence or driving while intoxicated or on drugs will automatically become ineligible for acquiring a work permit.

Prior to the new ruling, asylum seekers were able to obtain work authorization before their asylum applications were thoroughly processed. In other words, they were allowed to work and support themselves and their families while waiting on their asylum hearings and final verdicts. The new rules now mean that they will essentially have to live off charity while they wait on their paperwork to be processed and be unable to support themselves legally until approval.

It’s a large scale “one bad apple spoils the whole bunch” situation. While many asylum seekers may genuinely be in need of US government assistance, the prevalence of others who have frauded the system has prompted drastic action. Now all asylum seekers will feel the brunt of it with a more complicated process that has no guarantee of approval and a longer processing time.

It means that asylum seekers will be at the mercy of the government. They will have no way to feed and clothe themselves that would not be in breach of the law. They face greater struggles to survive while waiting on authorization to procure employment. These issues include being unable to pay for housing, becoming homeless and not being able to afford food and basic necessities.

How can asylum seekers be assisted in the event of the new USCIS ruling?

In order to alleviate some of the stressors that asylum seekers will now face, humanitarian and charity organizations may have to play a bigger role. Funding is bound to be an issue and they will need to oversee more fundraising drives and community education in order to receive enough donations to help immigrants. Counselling through immigrant outreach programs, faith-based programs and various volunteer groups can step in to provide relief to immigrants facing the new protocols.

The fate of asylum seekers now becomes a humanitarian concern and they will now need to survive on the compassion and charity of others in whatever way they can assist. With sufficient public education, the public can step up to be good Samaritans and provide aid to asylum seekers without any discrimination.

Resources
https://www.humanrightsfirst.org/press-release/new-work-authorization-rule-asylum-seekers-could-have-devastating-consequences
https://www.uscis.gov/news/news-releases/uscis-to-deter-frivolous-or-fraudulent-asylum-seekers-from-obtaining-work-authorizations
https://www.miamiherald.com/news/local/immigration/article243754332.html
https://www.federalregister.gov/documents/2020/06/22/2020-13391/removal-of-30-day-processing-provision-for-asylum-applicant-related-form-i-765-employment