💼 WorkAsked by: МИ · Нью-Йорк, NY · April 14, 2026

How do I get an EAD while waiting on my asylum decision?

I filed I-589 in February 2026. No interview scheduled yet. Savings are running out and I need to work. When can I file for work authorization and which form?

EADI-765asylum clock
1

Answers (1)

ИФ
Answered by
Ilya Fishkin
Immigration attorney, 18 years of practice · April 14, 2026

I agree with my colleague on timing and form. One practical pitfall: USCIS routinely misses the 30-day deadline for issuing EAD. If you filed I-765 (c)(8) and 30 days after the 150-day mark have passed with no EAD, file a service request — and if that doesn't work, mandamus in federal court is realistic relief.

Also: the first EAD for an asylum applicant is now valid for 2 years (the rule changed in 2022 from 1 year). When renewing, file 6 months before expiration to get the AC21 540-day automatic extension.

Ask this attorney a follow-up in private

⚖️ This is not legal advice

This answer is published for informational purposes and addresses a typical scenario. Every immigration case is unique — always consult a licensed attorney before acting.

💬 Ask a question for free

Different situation? Describe it — an attorney will reply publicly.

Ask a question for free →