Asylum Clock and Work Permit Eligibility in Pomona: When Can Asylum Seekers Work?
Understanding the 180-day asylum clock, EAD eligibility rules, and how to protect your right to work authorization
Quick Answer
Asylum seekers in Pomona and the Inland Empire face a difficult waiting period before they can legally work in the United States. The asylum clock — a 180-day waiting period that begins when you file your asylum application — determines when you become eligible for an Employment Authorization Document (EAD). Understanding how this clock works, what stops it, and how to protect your eligibility is critical for Arab asylum seekers who need to support themselves and their families while their cases are pending.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
Asylum seekers in Pomona and the Inland Empire face a difficult waiting period before they can legally work in the United States. The asylum clock — a 180-day waiting period that begins when you file your asylum application — determines when you become eligible for an Employment Authorization Document (EAD). Understanding how this clock works, what stops it, and how to protect your eligibility is critical for Arab asylum seekers who need to support themselves and their families while their cases are pending.
How the 180-Day Asylum Clock Works
The critical rule is that the 180 days must pass without delays attributable to you — the applicant. If USCIS or the immigration court determines that you caused a delay in your case, the clock stops. It does not continue running until the delay is resolved. This means that actions you take or fail to take during your asylum case directly affect when you can work.
The asylum clock applies to affirmative asylum applicants (those who file with the USCIS Asylum Office) and defensive asylum applicants (those who file in immigration court during removal proceedings). The rules for clock stoppages differ slightly between these two tracks.
Clock Stopping Events and How to Address Them
| Clock Stopping Event | How It Occurs | How to Restart the Clock |
|---|---|---|
| Requesting a continuance | You or your attorney ask the judge to postpone a hearing | Attend the next scheduled hearing; the clock restarts when proceedings resume |
| Failing to appear at a hearing | You miss a scheduled court date or asylum interview | File a motion to reopen explaining the absence; if granted, the clock may restart |
| Failing to provide requested documents | You do not submit evidence the court or asylum office requests by the deadline | Submit the requested documents; the clock restarts once compliance is established |
| Requesting a change of venue | You ask to move your case to a different court location | The clock restarts when the new court schedules and holds the next hearing |
| Filing an untimely application | You filed the I-589 more than one year after arriving in the U.S. without an exception | Demonstrate an exception to the one-year filing deadline (changed or extraordinary circumstances) |
| Withdrawal and refiling | You withdraw your asylum application and file a new one | The 180-day clock resets completely with the new filing date |
| USCIS-caused delays | USCIS reschedules your interview or has administrative backlog | These should NOT stop your clock; document any government-caused delays carefully |
Filing Form I-765 for Asylum-Based EAD
The filing requirements include a completed Form I-765, a copy of your I-589 receipt notice showing your asylum case is pending, two passport-style photographs, a copy of your government-issued photo ID (if available), and any prior EAD cards you have received. As of the current regulations, there is no filing fee for asylum-based EAD applications — the (c)(8) category is fee-exempt.
You can file the I-765 at 150 days if you want it to be ready by the 180-day mark, but USCIS will not approve it until 180 days have passed. Filing early helps reduce the gap between eligibility and receiving your actual EAD card.
Current EAD Processing Times for Asylum Applicants
- •Initial EAD applications: 2 to 5 months from filing to card receipt
- •Renewal EAD applications: 2 to 6 months processing time
- •USCIS is required to adjudicate asylum EADs within 30 days of filing, but this regulatory timeline is frequently not met
- •Expedite requests can be filed if you face severe financial loss, emergency situations, or humanitarian reasons
- •You can check processing times at the USCIS website using receipt number or by service center
- •If your EAD has been pending more than 90 days, contact the USCIS Contact Center or submit an e-request
- •Consider filing a mandamus lawsuit in federal court if processing exceeds 6 months with no action
Protecting Your Asylum Clock: Best Practices
- •Attend every scheduled hearing and interview — no exceptions unless there is a genuine emergency
- •Respond to all requests for evidence (RFEs) and notices promptly and before deadlines
- •Avoid requesting continuances unless absolutely necessary; if your attorney requests one, understand it stops your clock
- •Keep copies of all filings, notices, and correspondence with date stamps
- •Monitor your clock status by checking with the USCIS Asylum Office or your immigration court
- •If you believe your clock was stopped incorrectly, raise the issue with the asylum officer or immigration judge immediately
- •Maintain updated contact information with USCIS and the immigration court so you receive all notices
- •Document any delays caused by the government (rescheduled interviews, court backlogs) as these should not count against you
What Happens After You Receive Your EAD
With your EAD, you can obtain a Social Security Number (SSN) if you do not already have one. Take your EAD card to your local Social Security Administration office to apply. You will also be able to obtain a California driver's license or state ID using your EAD as proof of authorized presence.
Your employer will verify your work authorization using Form I-9, where your EAD card serves as a List A document (proving both identity and work authorization). Your employer cannot discriminate against you based on your immigration status or the type of work authorization you hold.
Before your EAD expires, you must file a renewal application (Form I-765) to maintain continuous work authorization. File the renewal at least 180 days before expiration to avoid gaps in authorization. Under current regulations, your existing EAD is automatically extended for up to 540 days while the renewal is pending, as long as you file on time and your asylum case remains pending.
Special Considerations for Defensive Asylum Cases
The immigration judge's scheduling of hearings directly affects your clock. Long gaps between hearings due to court backlogs should not stop your clock, but administrative errors sometimes cause incorrect stoppages. If your master calendar hearing is months away due to court congestion, your clock should continue running during that time.
If the immigration judge orders your asylum case denied and you appeal to the Board of Immigration Appeals (BIA), your asylum clock stops during the appeal. However, if the BIA remands your case back to the immigration judge, the clock restarts. Understanding these procedural nuances is essential for planning your work authorization timeline.
Common Delays and How to Overcome Them
- •Biometrics appointment backlogs: USCIS must schedule and complete biometrics before issuing your EAD. If your appointment is delayed, contact the USCIS Contact Center to request an earlier date
- •Lost or returned mail: USCIS sends notices to the address on file. If you move, file Form AR-11 immediately and update your address with the asylum office and immigration court
- •Incorrect clock calculations: USCIS or the court may miscalculate your 180 days. Keep your own records and dispute any errors in writing
- •Incomplete applications: Missing photos, unsigned forms, or incorrect category codes cause rejections. Review your I-765 thoroughly before filing
- •Security background checks: Extended background checks (name checks, FBI checks) can delay EAD issuance. These are beyond your control but you can submit an expedite request citing financial hardship
Working Without Authorization: Risks You Must Avoid
Unauthorized employment can be used as negative evidence in your asylum case, suggesting you are motivated by economic reasons rather than persecution. It can result in denial of future immigration benefits. If your asylum case is denied and you are placed in removal proceedings, unauthorized work history can weigh against you in applications for other forms of relief.
Instead of unauthorized work, explore legal alternatives during the waiting period: apply for public benefits for which asylum seekers are eligible (such as California's Cash Assistance Program for Immigrants), seek assistance from refugee resettlement agencies and nonprofits in the Pomona area, check eligibility for church and community-based support programs, and contact legal aid organizations that may provide emergency financial assistance.
How SoCal Immigration Services Helps Asylum Seekers in Pomona
We monitor your case for any clock-stopping events and take immediate action to address them. If your clock has been stopped incorrectly, we help you prepare motions and correspondence to the asylum office or immigration court to correct the error.
For clients whose EAD applications are delayed beyond normal processing times, we assist with expedite requests, congressional inquiries, and ombudsman complaints. Our goal is to ensure you receive work authorization as quickly as the law allows so you can support yourself and your family while your asylum case proceeds.
FAQFrequently Asked Questions
Q:Can I work while my asylum application is pending if I have not reached 180 days?
A: No. You cannot legally work until you have an approved EAD, and you cannot receive an EAD until your asylum clock reaches 180 days. Working without authorization during this period can negatively affect your asylum case and future immigration benefits.
Q:My attorney requested a continuance — does this stop my clock?
A: Yes. Any continuance requested by you or your attorney stops the asylum clock. The clock restarts when proceedings resume at the next hearing. Discuss with your attorney whether a continuance is truly necessary before agreeing to one, as it delays your work authorization eligibility.
Q:How do I check the status of my asylum clock?
A: You can call the USCIS Asylum Office at their automated hotline or contact the USCIS Contact Center at 1-800-375-5283. For cases in immigration court, check with the court directly. Keep your own records of all hearing dates and filings as a backup.
Q:Is there a fee to file for an asylum-based EAD?
A: No. The (c)(8) asylum-based EAD category is exempt from filing fees. You do not need to pay USCIS to apply for or renew your work permit while your asylum case is pending. Be wary of anyone who charges you a government fee for this application.
Q:What happens to my EAD if my asylum case is denied?
A: If your asylum case is denied by the asylum office and referred to immigration court, your EAD generally remains valid as long as you have a pending case. If the immigration judge denies your case and you appeal to the BIA, your EAD may continue during the appeal period. If all appeals are exhausted and a final order of removal is issued, your EAD is no longer valid.
Q:Can my spouse and children also get work permits based on my asylum application?
A: Derivative asylum applicants (spouse and unmarried children under 21 listed on your I-589) can file their own I-765 applications for EADs once the 180-day clock has been met. Each family member must file a separate I-765 with the (c)(8) category code.
Need Help With Your Asylum Work Permit?
Our Arabic-speaking team in Pomona tracks your asylum clock and helps you file for work authorization at the earliest eligible date. Call (714) 421-8872 for a consultation.
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