New Rule Eliminating 30 Day Processing Deadline for Adjudication of Employment Applications Filed by Initial Asylum Applicants

New Rule Eliminating 30 Day Processing Deadline for Adjudication of Employment Applications Filed by Initial Asylum Applicants

June 29, 2020

On June 22, 2020, the Department of Homeland Security (DHS) published a rule that removes the 30 day processing deadline for the adjudication of employment authorization document (EAD) applications filed by initial (first time) asylum applicants. 8 Fed. Reg. 37,502-37,546 (June 22, 2020) (eliminating 30 day deadline in 8 C.F.R. § 208.7(a)(1)). Currently, U.S. Citizenship and Immigration Services (USCIS) is required to adjudicate initial asylum applicant EAD applications within the 30 day regulatory deadline pursuant to a court order in Rosario v. USCIS, a certified nationwide class action. 365 F. Supp. 3d 1156 (W.D. Wash. 2018).2 The new rule is set to take effect on August 21, 2020. 8 Fed. Reg. at 37,502.

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