Asylumworks vs. Mayorkas Settlement Implementation (February 2022)

  • Organization: USCIS
  • Document Type: Settlements
  • Date Created: Thursday, September 08, 2022
  • Attachment(s): LINK

Following the Feb. 7. 2022 decision in Asylumworks v. Mayorkas which vacated the 2020 final rules, USCIS has been and will continue applying the provisions governing asylum applications, interviews, and employment authorization eligibility in the (c)(8) category (based on pending asylum applications) that were in place before the above final rules took effect in August 2020. See 8 CFR ยงยง 208 and 274a.

  • You may file a Form I-765 based on your pending asylum application 150 days after you file your asylum application.
  • We no longer require you to pay a biometric services fee or attend a biometric services appointment associated with your Form I-765.
  • You do not need to answer questions on the Form I-765 about whether you lawfully entered the U.S. through a port of entry.
  • You may be granted employment authorization based on your pending asylum application even if you did not file for asylum within 1 year after you entered the United States.

And more.

  • Asylum Procedure
  • Other Political Asylum