Can I get a work permit while my asylum case is pending?

We know the wait is hard. You need to pay rent and feed your family, and the rules make you wait months before you can work legally. Knowing your exact dates helps you plan, and avoiding a few common mistakes can save you months.

This page is general information, not legal advice. For the whole asylum process, see Asylum in the United States: the complete guide. For work permits in general, see Work permits (EAD): the complete guide.

When can I apply?

No earlier than 150 days after a complete asylum application was received (8 CFR 208.7(a)(1)(i)). USCIS cannot issue the work permit before 180 days after you filed for asylum (8 CFR 208.7(a)(1)(v)). If you file too early, USCIS may reject your I-765 (USCIS I-765 page).

Exception: if an asylum officer recommends approval of your case, you can apply as soon as you get that notice (8 CFR 208.7(a)(1)(ii)).

After the 180 days, the rule gives USCIS 30 days to decide a first asylum work permit application (8 CFR 208.7(a)(1)(v)). Ask your lawyer what to expect in practice.

How does the asylum clock work?

The clock counts days your asylum case is pending without delays you caused (8 CFR 208.7(a)(2)).

• It starts when you file a complete asylum application. If USCIS rejects it as incomplete, the 150 days do not start.
• It stops for delays you ask for or cause, like asking to move your interview or hearing, or missing fingerprints without good cause.
• It is extended by the time between a request for evidence and your answer.

Example (made up): Rosa's complete asylum application was received January 12, 2027. Day 150 is June 11, 2027, the first day she can file her I-765. Day 180 is July 11, 2027, the first day a card could be issued. If she asks to move her interview by three weeks, those days do not count, and both dates move later.

Who cannot get an asylum work permit?

• People convicted of an aggravated felony (8 CFR 208.7(a)(1)).
• People who missed an interview or hearing without exceptional circumstances (8 CFR 208.7(a)(4)).
• People whose asylum application was denied or rejected before the work permit was decided (8 CFR 208.7(a)(1)(iii), (iv)).
• People whose asylum application was rejected because they did not pay the annual asylum fee (see below).

How do I apply?

1. Wait until day 150 (or your recommended approval notice).
2. Fill out Form I-765, category (c)(8). Use the 08/21/25 edition (USCIS I-765 page). Sign it. USCIS rejects unsigned forms.
3. Include proof of your pending asylum case, like your I-589 receipt notice or proof of filing with the immigration court.
4. Pay $570 for a first asylum work permit. The regular I-765 fee does not apply to a first one, but the 2025 law H.R. 1 added this fee (G-1055 fee schedule; 91 FR 62540).
5. File online through a USCIS account, or on paper. USCIS moved paper filing addresses on October 7, 2026. Forms sent to the old address are accepted if postmarked by November 9, 2026 (USCIS I-765 page).
6. Go to biometrics if scheduled. Keep every notice.

What does it cost?

Sources: G-1055 fee schedule, Appendix C and 91 FR 62540. Use the USCIS Fee Calculator before you send anything. Requests postmarked on or after October 16, 2026 without the right fee are rejected (USCIS I-765 page).

These fees are separate from the $100 asylum application fee and the $105 annual asylum fee. See New immigration court and asylum fees in 2026.

How long does the card last?

USCIS issues (c)(8) cards for up to 18 months (USCIS Policy Manual, Vol. 10, Part A, Ch. 4). The work permit can be renewed for as long as your asylum case, appeals and court review are pending (8 CFR 208.7(b)).

How do I renew?

• When: USCIS lets you file a renewal up to 180 days before your card expires (USCIS I-765 page). The asylum rule says a renewal must be received at least 90 days before expiration to be renewed in time (8 CFR 208.7(d)).
• No automatic extension. Renewals filed on or after October 30, 2025 no longer get an automatic extension (USCIS Policy Manual, Vol. 10, Part A, Ch. 4). If your card expires before the new one comes, you must stop working until it arrives. File early.
• If your case is in court or on appeal: include proof you are still pursuing asylum, like the court charging document or referral notice, proof of a timely appeal to the Board of Immigration Appeals, or a federal court petition for review (8 CFR 208.7(c)).

More on renewals: How to get or renew a work permit and work while your case is pending.

What can end my work permit?

• USCIS denies or rejects your asylum case: the work permit ends immediately, unless USCIS refers your case to an immigration judge (8 CFR 208.7(b)(1)).
• An immigration judge denies asylum: it ends 30 days later, unless you appeal to the Board of Immigration Appeals (8 CFR 208.7(b)(2)).
• The Board denies your appeal: it ends immediately (8 CFR 208.7(b)(3)).
• You do not pay the annual asylum fee: since May 29, 2026, USCIS rejects the asylum application if the fee is not paid within 30 days of its notice. Any asylum based work permit ends immediately, pending work permit requests are denied, and the clock stops (USCIS bulletin, April 28, 2026; Federal Register, H.R. 1 fees rule).

Are the rules about to change?

Maybe. A proposed rule published February 23, 2026 would make most asylum seekers wait 365 days, pause new work permits when processing is slow, and bar people who filed after the one year deadline or entered without inspection, with some exceptions. It was not final as of October 21, 2026 (Federal Register, 2026-03595). Before you file, search the Federal Register for a final rule, or ask your lawyer. See also The one year deadline to apply for asylum.

What if I win asylum?

People granted asylum are allowed to work because of their status. The card only shows it; an expiration date means the card must be renewed, not that your right to work ended (8 CFR 274a.12(a)(5)).

What can I do while I wait?

• Know your rights if you already work. California labor law protects all workers, whatever their status (Labor Code 1171.5). See Your rights at work.
• Find support for food and housing: 211: free help finding local services where it is offered, and Food help for your family, whatever your status.
• Learn about earning on your own while you wait: Earning a living without a work permit. Ask an immigration lawyer first.
• Never use false papers or someone else's number. It can destroy your asylum case.

Who can help?

These programs are free or low cost. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. Asylum, for low income residents of San Mateo and Santa Clara counties (CLSEPA).
• Bay Area Legal Aid: 1-800-551-5554, all languages (BayLegal).
• Immigration Institute of the Bay Area: free first consultation by appointment, (650) 587-1558.
• In immigration court: Can I get a free lawyer for immigration court?
• More: Free or low cost immigration legal help in the Bay Area.

Questions people ask

My case is in immigration court. Does the same clock apply? Yes, the same 150 and 180 day rules apply to asylum applicants in court (8 CFR 208.7). Asking to postpone a hearing usually stops the clock.

Can my spouse and children get work permits too? USCIS's I-765 page refers to dependents included on a parent's or spouse's Form I-589 filing their own work permit requests. Each person files a separate I-765. Ask your lawyer to check each person's case and category.

USCIS rejected my asylum application. Can I still get a work permit? No. USCIS rejects work permit requests from applicants whose asylum application was denied or rejected (8 CFR 208.7(a)(1)(iii)). Talk to a lawyer about refiling.

Can I get a Social Security number? Form I-765 has a section (Part 2) where you can ask for a Social Security number and card (USCIS I-765 page). Read the form instructions or ask your lawyer before you check that box.

My card expires next month and my renewal is pending. Can I keep working? Not after the card expires, unless you filed the renewal before October 30, 2025. Talk to your employer and a lawyer now.

Is there a tracker I can print?

Each day on that clock brings you closer. Track it, protect it, and do not let a missed fee or hearing take it from you.