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Restoration of the 30-day processing provision for initial asylum employment authorization

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited States
Operative dateFebruary 7, 2022
CategoryMigration policy
Affected groupAsylum applicants

Policy effect

Restored the regulatory requirement that USCIS adjudicate initial employment authorization applications by asylum applicants within 30 days of receipt, following the February 7, 2022 vacatur of the June 2020 rule that had removed this requirement.

Conditions and exceptions

Recorded validated scope: 8 CFR Part 208 and 274a.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… h.pdf#page=9) for more details. ###### Department of Homeland Security 1. 8 CFR Parts 208 and 274a 2. \[CIS No. 2722-22; DHS Docket No. USCIS-2022-0008] 3. RIN 1615-AC66 # AGENCY: U.S. Citizenship and Immigration Services, Department of Homeland Security (DHS). # ACTION: Final rule. # SUMMARY: This final rule removes changes to regulatory text resulting from two final rules issued in June 2020, which were vacated by a Federal district court in February 2022. This final rule implements the vacatur by removing certain regulatory text governing asylum applications, interviews, and eligibility for … employment authorization and an employment authorization document (EAD) based on a pending asylum application. It also reinserts various regulatory provisions as they appeared prior to the effective dates of the two final rules issued in June 2020. # DATES: This rule is effective on February 7, 2022, as a result of the Federal district court's vacatur. # FOR FURTHER INFORMATION CONTACT: Rená Cutlip-Mason, Chief, Division of Humanitarian Affairs, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 5900 Capital Gateway Drive, Camp Springs, … MD 20588-0009; telephone (240) 721-3000 (not a toll-free call). # SUPPLEMENTARY INFORMATION: ## I. Background and Basis for Removal of Regulations In June 2020, the U.S. Department of Homeland Security (DHS) issued two final rules (June 2020 EAD rules, collectively) titled, *Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications* (Timeline Repeal rule) and *Asylum Application, Interview, and Employment Authorization for Applicants* (Broader Asylum EAD rule), respectively.\[[1](#footnote-1-p57795)] The Timeline Repeal rule eliminated … two regulatory provisions that required U.S. Citizenship and Immigration Services (USCIS) to adjudicate initial EAD applications filed by asylum applicants within 30 days of receipt and that renewal EAD applications from asylum applicants must be received by USCIS 90 days prior to the expiration of the employment authorization. The Timeline Repeal rule went into effect on August 21, 2020. The Broader Asylum EAD rule made a number of changes to DHS's regulations governing asylum applications, interviews, and eligibility for employment authorization based on a pending asylum application, includ … ment authorization shall be denied. If the asylum application is not so denied, the Service shall have 30 days from the date of filing of the request employment authorization to grant or deny that application, except that no employment authorization shall be issued to an asylum applicant prior to the expiration of the 180-day period following the filing of the asylum application filed on or after April 1, 1997. (2) The time periods within which the alien may not apply for employment authorization and within which USCIS must respond to any such application and within which the asylum applicatio … retion of USCIS. Where economic necessity has been identified as a factor, the alien must provide information regarding his or her assets, income, and expenses. (2) An initial employment authorization request for asylum applicants under [8 CFR 274a.12(c)(8)](<https://www.ecfr.gov/current/title-8/section-274a.12#p-274a.12(c)(8)>) must be filed on the form designated by USCIS in accordance with the form instructions. The applicant also must submit a copy of the underlying application for asylum or withholding of deportation, together with evidence that the application has been filed in accordanc … cument Number 2022-20228 Document Type Rule Pages 57795-57799 (5 pages) Publication Date [09/22/2022](https://www.federalregister.gov/documents/2022/09/22) RIN [1615-AC66](https://www.federalregister.gov/regulations/1615-AC66/-asylum-application-interview-and-employment-authorization-for-applicants-and-removal-of-30-day-proc) Published Content - Document Details - Document DatesPublished Content - Document Dates Effective Date 2022-02-07 Dates Text This rule is effective on February 7, 2022, as a result of the Federal district court's vacatur. Published Content - Document Dates - Table of Cont …
Federal RegisterOpen official source
Retrieved from https://www.federalregister.gov/documents/2022/09/22/2022-20228/asylum-application-and-employment-authorization-for-applicants-implementation-of-vacatur

Review method

Two separate automated exact-claim source reviews

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