FAQ: What happens after I apply?

What happens after applying for asylum?

Prepared by Emma Matters-Wood, Immigrant Justice Corps Fellow

Receipt Notices, Biometrics, and Employment Authorization Documents (EADs) 

After one files for asylum in the United States, the government mails them a receipt notice to the mailing address provided, schedules you for a biometrics appointment, and starts the “asylum clock” towards a their eligibility for category “C08” employment authorization—a benefit incident to asylum seeking that a person can apply for 5 months from the date the government received the application as noted on the asylum application receipt notice.  

Download a self-help guide to applying for your work permit here in English and here in Spanish.

1. Receipt Notice 

• After submitting your I-589 application for asylum and withholding of removal (I-589) to the appropriate U.S. Citizenship and Immigration Services (USCIS) office — no matter whether you are applying for asylum “affirmatively” or “defensively”— you should receive a receipt notice (Form I-797C) acknowledging that USCIS has received your application. 

• USCIS estimates that these notices are typically issued within 2-3 weeks after USCIS receives your application. Delays can occur, however, due to backlogs in USCIS application processing, high caseloads, errors in the application, mail carrier delays, etc... so it is important to check for updates if you don't receive your receipt notice within a month. 

2. Biometrics Notice 

• Following USCIS receipt of your asylum application, you will also be issued biometrics notice. A biometrics notice indicates a date and time at which you will need to present yourself at a USCIS service center to provide USCIS with your biometrics information including your fingerprints, signature, and photograph. 

• USCIS uses this information to verify your identity, that is that you are the person indicated on your asylum application, and to check your criminal history. 

• It is important to present yourself for biometrics as failure to do so can result in a delay in the processing of your asylum application, a longer waiting period to be eligible to apply for an employment authorization document and can even result in abandonment of your asylum application.  

3. Employment Authorization Document (EAD) Eligibility 

• 150 days after the receipt date on your Form I-797C, you can file an application for an employment authorization document (EAD) if your asylum clock has run continuously from the date on your receipt notice. As early as 180 days after the receipt date, USCIS can issue an EAD. This can take longer, however, for a variety of reasons.  

a. 150-Day Asylum Clock 

• After filing your asylum application, from the date recorded on your receipt notice, a "150-day clock" starts. This clock tracks the number of days your application has been pending. 

• After 150 days, you become eligible to file for an EAD using Form I-765, provided there have been no “applicant-caused delays”.  

• Examples of applicant caused delays are:  

• Missing a biometrics appointment 

• Not submitting requested documents  

• Missing an interview or court date 

• Until the “applicant-caused delay” is corrected, the asylum clock is considered “frozen.” This will delay the time when you can apply for an EAD by the number of days the clock is frozen.  

b. 180-Day Asylum Clock 

• USCIS cannot issue your EAD until 180 days after the clock starts, or 30 days after you are eligible to file for an EAD using form I-765. 

• This means that, if there are no applicant caused delays as outlined above, the earliest you can expect to receive your EAD is 30 days after you become eligible to file your application for an EAD.  

• Often it takes longer than 30 days from the date of filing to receive an EAD. You can check current processing times for all USCIS application types at https://egov.uscis.gov/processing-times/. You can check the status of your currently pending applications by entering the receipt notice receipt number here https://egov.uscis.gov/.

• If you are a “defensive” filer, meaning you applied for asylum with the Immigration Court as part of your removal proceedings and sent a copy to USCIS Nebraska for biometrics processing purposes, you can also check your “Asylum Clock” by calling the following number and following the instructions: Executive Office of Immigration Review case processing hotline 1-800-898-7180.