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asylumEl CajonUpdated: February 9, 202613 min read

Understanding the Asylum Clock Rule in El Cajon: EAD Eligibility for Iraqi and Syrian Refugees

How the 150-day waiting period affects your work authorization and what Chaldean and Syrian families in East County need to know

SoCal Immigration Services
Reviewed by: Maria Santos, DOJ Accredited Representative

Quick Answer

El Cajon is home to the largest Iraqi Chaldean community in the United States and a growing population of Syrian refugees, making it one of the most significant hubs for asylum seekers in Southern California. For these families fleeing persecution, one of the most pressing concerns after filing an asylum application is the ability to work legally and support themselves while their case moves through the immigration system. The asylum clock — a 150-day countdown that determines when you become eligible to apply for an Employment Authorization Document — is one of the most confusing and frequently misapplied rules in immigration law. At SoCal Immigration Services, we help El Cajon families understand exactly how the asylum clock works, monitor its status, challenge errors, and file for work authorization at the earliest possible moment. If you are an asylum applicant in El Cajon wondering when you can legally work, call us at (714) 421-8872 for a detailed review of your asylum clock status and EAD eligibility.

Reviewed for accuracy by

Maria Santos

DOJ Accredited Representative • 15+ years experience

El Cajon is home to the largest Iraqi Chaldean community in the United States and a growing population of Syrian refugees, making it one of the most significant hubs for asylum seekers in Southern California. For these families fleeing persecution, one of the most pressing concerns after filing an asylum application is the ability to work legally and support themselves while their case moves through the immigration system. The asylum clock — a 150-day countdown that determines when you become eligible to apply for an Employment Authorization Document — is one of the most confusing and frequently misapplied rules in immigration law. At SoCal Immigration Services, we help El Cajon families understand exactly how the asylum clock works, monitor its status, challenge errors, and file for work authorization at the earliest possible moment. If you are an asylum applicant in El Cajon wondering when you can legally work, call us at (714) 421-8872 for a detailed review of your asylum clock status and EAD eligibility.

What Is the Asylum Clock and Why It Matters

The asylum clock is a tracking mechanism used by USCIS and the immigration courts to count the number of days that have passed since an asylum application was filed. Under federal regulations, an asylum applicant must wait at least 150 days after filing a complete asylum application before becoming eligible to apply for an Employment Authorization Document using Form I-765. The clock begins running on the date USCIS receives your complete asylum application (Form I-589) or, for cases in immigration court, the date your application is filed with the court. This 150-day waiting period was established to balance the government's interest in processing asylum claims promptly against the applicant's need to support themselves financially during what can be a lengthy adjudication process. For Iraqi Chaldean and Syrian families in El Cajon who arrive with limited savings and immediate financial obligations, understanding the asylum clock is essential for planning your family's financial survival during the waiting period. The clock directly determines when you can apply for your EAD, and errors in clock tracking can delay your work authorization by months or even years.

How the 150-Day Rule Works in Practice

The 150-day rule operates as a straightforward countdown in theory, but in practice it involves significant complexity. After you file your complete Form I-589 asylum application, the clock starts at day zero and counts forward. When the clock reaches day 150, you become eligible to file Form I-765 for employment authorization. USCIS then has 30 days from the filing of your I-765 to adjudicate the application, meaning you could theoretically receive your EAD as early as day 180 after filing for asylum. However, the clock does not always run continuously. Certain events cause the clock to stop, and the days during which the clock is stopped do not count toward the 150-day threshold. This means that if your clock is stopped for 60 days, you will need to wait at least 210 calendar days from your filing date before reaching the 150-day mark. Understanding which events stop the clock and which do not is critical for El Cajon asylum applicants, because an incorrectly stopped clock can prevent you from working legally for an extended period. USCIS maintains an electronic record of your asylum clock, but this record is not always visible to applicants, making professional legal assistance invaluable for tracking and verifying your clock status.

Events That Stop the Asylum Clock

The asylum clock stops — meaning days no longer count toward the 150-day threshold — when certain events occur that are considered to be caused by the applicant rather than by the government. Understanding these clock-stopping events is critical for El Cajon families because even a single avoidable delay can push back your EAD eligibility by weeks or months. The regulations and USCIS guidance specify particular actions that will cause the clock to stop, and asylum applicants must be vigilant about avoiding unnecessary delays throughout their case.
  • Requesting a continuance or postponement of your asylum hearing for personal reasons
  • Failing to appear at a scheduled asylum interview or immigration court hearing without good cause
  • Filing a motion that delays adjudication of your asylum case
  • Requesting a change of venue to a different immigration court location
  • Submitting an incomplete asylum application that requires correction or additional information
  • Failing to provide requested evidence or documentation by USCIS deadlines
  • Requesting additional time to gather evidence or secure legal representation
  • Any delay that the immigration judge or USCIS determines was caused by the applicant
  • Withdrawal and refiling of the asylum application

Applicant-Caused vs. USCIS-Caused Delays: A Critical Distinction

The distinction between applicant-caused delays and USCIS-caused delays is the most important factor in asylum clock management, and it is also the area where the most errors and disputes occur. Only delays attributed to the applicant stop the asylum clock. Delays caused by USCIS or the immigration court — such as scheduling backlogs, judge unavailability, government continuance requests, or administrative processing times — should not stop the clock. In practice, this distinction is not always clear, and USCIS or immigration judges sometimes incorrectly attribute government delays to the applicant, causing the clock to stop when it should continue running. For example, if an immigration judge continues your hearing because the court calendar is full, this is a court-caused delay and should not stop your clock. But if the continuance is recorded ambiguously in the court record, USCIS may treat it as an applicant-caused delay. Similarly, if your attorney requests a continuance to respond to a government evidence request that arrived late, the delay is arguably caused by the government, not the applicant. El Cajon's Iraqi Chaldean community has experienced these clock disputes frequently, particularly in the busy San Diego immigration court where scheduling delays are common. Our attorneys meticulously document every hearing, every continuance, and every scheduling change to ensure that no government-caused delay is incorrectly charged to our clients' asylum clocks.

How to Check Your Asylum Clock Status

Checking the status of your asylum clock requires proactive effort because USCIS does not automatically notify applicants of their clock status or alert them when the 150-day threshold is reached. There are several methods available for El Cajon asylum applicants to verify their clock status, each with advantages and limitations. The most direct method is to call the USCIS Contact Center at 1-800-375-5283 and request your asylum clock status from a customer service representative. You will need to provide your A-number (alien registration number) and receipt number from your I-589 filing. The representative can tell you the current clock count and whether the clock is running or stopped. However, USCIS representatives sometimes provide inaccurate clock information, particularly when there have been multiple hearings or continuances. Another method is to request your case file through a Freedom of Information Act (FOIA) request, which will include internal USCIS records showing the clock calculations. This process takes several months but provides the most comprehensive documentation. If your case is in immigration court, your attorney can also request clock information from the court clerk or review hearing transcripts to reconstruct the clock calculation independently. At SoCal Immigration Services, we maintain independent asylum clock tracking for every client, comparing our calculations against USCIS records to identify discrepancies early and challenge errors before they delay your work authorization.

Filing Form I-765 After the 150-Day Waiting Period

Once your asylum clock reaches 150 days, you become eligible to file Form I-765, Application for Employment Authorization Document, under the (c)(8) category specifically designated for pending asylum applicants. Filing your I-765 correctly and promptly is essential because any errors can result in rejection, further delaying your ability to work legally. The I-765 application requires careful preparation, including accurate identification of the eligibility category, proper supporting documentation, and correct fee payment or fee waiver request. You must include a copy of your I-589 receipt notice (Form I-797C) showing that your asylum application is pending, two passport-style photographs, a copy of your government-issued identification, and evidence that 150 days have passed since your asylum application was filed. The filing fee for Form I-765 under the asylum category is currently waived — asylum-based EAD applications do not require a filing fee, which provides critical financial relief for El Cajon families who are unable to work during the waiting period. After filing, USCIS is required to adjudicate your I-765 within 30 days under the regulations, though in practice processing sometimes takes longer. If USCIS fails to adjudicate within 30 days, you may have grounds to expedite through a congressional inquiry or ombudsman complaint. Our El Cajon office prepares and files I-765 applications on the earliest eligible date, ensuring no additional delays in obtaining your work authorization.
  1. 1
    Verify Your Asylum Clock Has Reached 150 Days

    Confirm with USCIS or your attorney that your asylum clock shows at least 150 days of elapsed time. Do not rely solely on counting calendar days, as clock stoppages may have occurred.

  2. 2
    Gather Required Documentation

    Collect your I-589 receipt notice, government-issued ID, two passport photos, and any correspondence from USCIS or immigration court regarding your asylum case.

  3. 3
    Complete Form I-765 Under Category (c)(8)

    Fill out Form I-765 accurately, selecting the (c)(8) eligibility category for pending asylum applicants. Ensure all personal information matches your I-589 application exactly.

  4. 4
    Submit the Application to the Correct USCIS Lockbox

    Mail the completed I-765 package to the USCIS lockbox address specified in the form instructions for asylum-based EAD applications. No filing fee is required for this category.

  5. 5
    Track Processing and Follow Up

    Monitor your case status online using the receipt number from your I-797C acknowledgment. If processing exceeds 30 days, contact USCIS or seek assistance from the USCIS Ombudsman.

  6. 6
    Receive and Activate Your EAD

    Upon approval, USCIS will mail your EAD card. Present it to your employer with Form I-9 to begin working legally. Note the expiration date and plan for timely renewal.

What to Do When Your Asylum Clock Is Wrong

Clock errors are disturbingly common in the asylum system, and they disproportionately affect applicants from communities like El Cajon's Iraqi Chaldean and Syrian populations where cases frequently involve multiple hearings, interpreter needs, and complex scheduling logistics. If you believe your asylum clock has been incorrectly stopped or shows fewer days than it should, you have several options for correction. First, gather all documentation related to your case: hearing notices, continuance orders, court transcripts, and any correspondence with USCIS or the immigration court. Compare the dates and reasons for any delays against the clock count USCIS has on record. If you identify a discrepancy, your attorney can submit a written request to the asylum office or immigration court requesting a clock correction, supported by documentary evidence showing that the delay was caused by the government rather than the applicant. If the asylum office refuses to correct the clock, you can escalate the issue to the USCIS Ombudsman, who has the authority to investigate clock disputes and recommend corrections. In some cases, applicants have successfully filed mandamus lawsuits in federal court to compel USCIS to correct asylum clock errors and process EAD applications that were wrongly delayed. The key to a successful clock correction is contemporaneous documentation — records created at the time of the events in question are far more persuasive than after-the-fact reconstructions. This is why having legal representation from the beginning of your asylum case is so valuable: your attorney creates a real-time record of every hearing and delay that can be used to defend your clock calculation if disputes arise later.

The USCIS Ombudsman: Your Resource for Clock Disputes

The Office of the Citizenship and Immigration Services Ombudsman is an independent federal office within the Department of Homeland Security that assists individuals and employers in resolving problems with USCIS. For El Cajon asylum applicants facing asylum clock errors, the Ombudsman is a powerful resource that can intervene when normal channels fail to produce results. You can submit a case assistance request to the Ombudsman online through their website, by mail, or by fax. The request should clearly describe the clock error, explain how it has affected your EAD eligibility, and include all supporting documentation. The Ombudsman's office will review your complaint, contact USCIS on your behalf, and work toward a resolution. While the Ombudsman cannot overrule USCIS decisions, their recommendations carry significant weight and frequently result in clock corrections and expedited EAD processing. The Ombudsman has specifically identified asylum clock problems as a systemic issue affecting thousands of applicants nationwide, and their annual reports to Congress have repeatedly highlighted the need for improved clock tracking and transparency. For Iraqi and Syrian families in El Cajon who have been waiting months or years for work authorization due to clock errors, the Ombudsman provides a critical avenue for relief outside the traditional USCIS appeals process. Our attorneys at SoCal Immigration Services have successfully used the Ombudsman process to resolve clock disputes for numerous El Cajon clients, often resulting in corrected clocks and expedited EAD approvals within weeks of filing a complaint.

Special Considerations for Iraqi Chaldean and Syrian Asylum Cases

El Cajon's Iraqi Chaldean and Syrian communities face unique challenges in the asylum process that directly impact asylum clock management and EAD eligibility. Iraqi Chaldean Christians fleeing religious persecution by ISIS and other extremist groups often have complex cases involving extensive documentation of persecution, multiple family members with linked cases, and the need for Arabic or Chaldean Neo-Aramaic interpreters at hearings and interviews. These complexities increase the likelihood of continuances and scheduling delays, each of which must be carefully documented to prevent incorrect clock stoppages. Syrian refugees face similar challenges, with the added complexity of country conditions evidence that changes rapidly as the Syrian conflict evolves. Both communities frequently encounter situations where USCIS requests additional evidence about country conditions, persecution claims, or identity documents that are difficult or impossible to obtain from conflict zones. When USCIS requests such evidence and sets a deadline for response, the time spent gathering this evidence should not stop the asylum clock if the request originates from the government. However, if the applicant requests additional time to respond, the clock may stop. Our attorneys advise El Cajon clients on how to respond to evidence requests in ways that minimize clock impact, and we maintain extensive libraries of country conditions evidence for Iraq and Syria that allow us to respond quickly to USCIS requests without triggering clock stoppages. We also work with community organizations in El Cajon, including Chaldean churches, the IRC, and other refugee services providers, to help families access support during the waiting period before their EAD becomes available.

Why El Cajon Families Trust SoCal Immigration Services

El Cajon's refugee communities need immigration representation that combines deep legal expertise with cultural understanding and language accessibility. SoCal Immigration Services has built lasting relationships with El Cajon's Iraqi Chaldean and Syrian families through years of dedicated asylum representation, clock advocacy, and employment authorization assistance. Our team includes Arabic-speaking staff who provide consultations, case updates, and document preparation in your language, ensuring nothing is lost in translation during this critical process. We understand that waiting for work authorization while your asylum case is pending creates enormous financial pressure on families who arrived in the United States with limited resources. That is why we treat asylum clock management as a core component of every asylum case we handle, not an afterthought. From the moment we file your I-589, we begin tracking your asylum clock independently, documenting every hearing and delay, and preparing your I-765 application so it is ready to file the instant your clock reaches 150 days. We have successfully obtained EADs for hundreds of El Cajon asylum applicants, including many whose clocks were incorrectly stopped by USCIS. Our track record speaks for itself: aggressive advocacy, meticulous documentation, and a commitment to getting you work authorization as quickly as the law allows. Call (714) 421-8872 today to discuss your asylum clock status and take the first step toward legal employment.

FAQFrequently Asked Questions

Q:Does the asylum clock start when I enter the United States or when I file my application?

A: The asylum clock starts on the date USCIS receives your complete Form I-589 asylum application, not the date you enter the United States. If your application is filed in immigration court, the clock starts when the court receives and dockets your I-589. This distinction is critical for planning your EAD timeline. Call (714) 421-8872 to determine your exact clock start date.

Q:Can I work while waiting for my asylum clock to reach 150 days?

A: No, you cannot work legally in the United States while your asylum clock is counting toward 150 days. Working without authorization can negatively impact your asylum case and result in immigration consequences. However, some El Cajon community organizations provide limited financial assistance and support services during this waiting period. Contact our office for referrals to available resources.

Q:What happens to my asylum clock if my case is referred from the asylum office to immigration court?

A: When your case is referred from the USCIS asylum office to immigration court after a denial, the asylum clock continues from where it left off. The days already counted at the asylum office carry over to the court proceedings. However, the clock may be recalculated or adjusted based on the reason for referral, and any new delays in court will be evaluated independently for clock-stopping purposes.

Q:How long is my asylum-based EAD valid, and how do I renew it?

A: Asylum-based EADs are typically issued for two years. You should file your renewal application (Form I-765) approximately 180 days before your current EAD expires to ensure continuous work authorization. USCIS provides automatic extensions for timely-filed asylum EAD renewals, meaning your current EAD remains valid while the renewal is processing. Our office tracks renewal deadlines for all clients and files renewal applications proactively.

Q:Does hiring an attorney affect my asylum clock?

A: Hiring an attorney does not stop or affect your asylum clock. However, if your attorney requests a continuance to prepare your case, that delay may stop the clock if the judge attributes it to the applicant. Experienced asylum attorneys understand how to manage case preparation without triggering unnecessary clock stoppages. At SoCal Immigration Services, we prioritize clock-conscious case management for every El Cajon client.

Q:What if USCIS denies my I-765 EAD application even though my clock shows 150 days?

A: If USCIS denies your I-765 despite your clock reaching 150 days, you have the right to file a motion to reopen or reconsider with USCIS, request assistance from the USCIS Ombudsman, or in some cases, file a federal lawsuit challenging the denial. Common reasons for denial include alleged clock calculation errors, incomplete applications, or disqualifying factors. Our attorneys review every denial and pursue all available remedies to secure your work authorization. Call (714) 421-8872 immediately if your EAD is denied.

Disclaimer: This article provides general information about immigration services in El Cajon and does not constitute legal advice. SoCal Immigration Services is a document preparation company, not a law firm. For legal advice specific to your situation, please consult with a licensed immigration attorney.
Published: February 9, 2026Last Updated: February 9, 2026

Do Not Wait to Check Your Asylum Clock Status

Every day counts when your asylum clock is running toward EAD eligibility. SoCal Immigration Services provides expert asylum clock tracking, I-765 preparation, and clock dispute resolution for Iraqi Chaldean and Syrian families in El Cajon. Our bilingual team ensures your clock is running correctly and your work authorization application is filed at the earliest possible moment. Schedule your consultation today.

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