Members Speak About Renewal Delays

ASAP members are speaking out against the long delays in processing of their renewal work permit applications and demanding the government take action!

What’s happening? Renewal applications are taking a very long time to process.

Recently, ASAP members have reported that their work permit renewal applications are taking over 10 months for USCIS to approve. This is much longer than it has taken to process renewal applications in the past.

One member from Haiti told ASAP, “We used to re-apply with USCIS but it never used to take a lot of time to get your EAD card back. This time, it is taking so long to get it — at least 10 months we’ve been waiting — and we have already received notice to leave from our employers if we cannot come up with a new EAD card… We have tried to call USCIS, but they never answer…. We are really in a stressful situation.”

When an asylum seeker receives their first work permit, their employment authorization document (“EAD” card) includes an expiration date that is usually one or two years after the date the EAD card was issued. If the expiration date approaches but their asylum case is still pending, an asylum seeker can usually renew their work authorization by submitting a renewal application. Asylum cases can take many years to resolve, so many asylum seekers need to submit work permit renewal applications while their cases are still pending.

While USCIS is required to process ASAP members’ initial work permit applications within 30 days, there is unfortunately no time limit for the government to process renewal applications. Once an asylum seeker’s renewal application is received by USCIS, the receipt notice from USCIS automatically extends their existing work permit for 180 days (about 6 months) after its expiration date. According to the government, the 180 automatic extension is supposed to make sure there are “no gaps” in work authorization coverage for asylum seekers.

However, the extreme delays in processing renewal applications have caused the 180-day extension to not be long enough. Members who applied to renew their work permits even three or four months before their current work permits expired are still left without work authorization, ten months later!

What does this mean for asylum seekers? Losing jobs, livelihoods, and the ability to care for themselves and their families.

ASAP members are speaking out about the impact of these delays and demanding justice. The gap in work authorization is devastating to asylum seekers and their families, many of whom are essential workers. USCIS’s extreme delays in processing work permit renewal applications are causing asylum seekers to lose jobs they have held for years.

One ASAP member, a healthcare worker from Syria, wrote to ASAP about the harmful impact the renewal delays were having on her: “I am a Syrian citizen and I came to the states seeking asylum in 2018. I filed for an EAD renewal as of February 2021 and my EAD expired in July 2021. The renewal is still pending as of now. I work at a hospital in California. In addition to all the stress we went through and are going through as healthcare workers in this pandemic, I’m facing more stress because my employer keeps asking about my EAD. Both the hospital and I are aware of the 180 day extension but I live in constant fear of losing my job everyday. I would be facing either poverty or going back to the devastating situation Syria is in.”

Another ASAP member from Nicaragua spoke about how the delays frustrated their ability to provide for their family and community: “Leaving your home, your studies, and friends behind due to the selfish acts of those who have no appreciation for human life hurts but, being denied the ability to work to provide for your loved ones, hurts even more. USCIS needs to stop delaying our right to earn a living. Many employers are seeking people who really want to work, we are those people who want to work. Help us, so that we can help the American economy. We do not want handouts, we want permits to work and to continue paying taxes to contribute to this great nation.”

ASAP members are speaking out to share the devastating impact of these delays and to let other members know that they are not alone in experiencing delays. Members have told ASAP that this situation is unacceptable and that the government must live up to its promise to prevent gaps in work authorization coverage for asylum seekers.

What can be done to stop these delays? ASAP members are speaking out to demand action and ASAP is taking steps to fight back!

ASAP knows that work permits are essential to providing for members and their families, and we agree these long delays must end. Thanks to members who have chosen to speak out and share their stories, ASAP has been able to take first steps to address the delays.

ASAP is currently reaching out to government officials to share members’ stories and demand that USCIS fix this problem. ASAP has told officials in the government that they must process ASAP members’ renewal applications within the 180 day automatic extension period or offer a further extension until members’ renewal applications are processed.

ASAP is also exploring other ways to advocate for members. We are building a coalition of advocates to support asylum seekers who have been impacted by the delays and defend their ability to work. ASAP is hopeful that sharing members’ stories will help push the government to act and resolve the delays. But if the government does not take action, ASAP will continue to fight back! If the delays do not end, ASAP may sue the government in a new lawsuit to protect its members’ rights.

We will let members know if there are more opportunities to share your stories and advocate for faster renewal processing. ASAP will also share major updates we receive from the government with members in future member updates.

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