Asylum

One of the most urgent questions asylum seekers face is: “Can I work while my case is pending?” For most people fleeing persecution, the ability to support themselves and their families is not optional — it is a matter of survival.

This article explains how asylum-based work permits work under current law, what an Employment Authorization Document (EAD) actually gives you, what it costs, and the significant proposed rule changes that could reshape this area of immigration law in 2026.

For a comprehensive overview of the entire asylum process, see our companion article: The Complete Guide to Seeking Asylum in Portland, Oregon.

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What Is an Asylum-Based EAD?

An Employment Authorization Document (EAD) — commonly called a “work permit” — is a card issued by USCIS that proves you are authorized to work in the United States. For asylum applicants, the EAD falls under category (c)(8), which is the specific classification for people who have a pending asylum application.

The EAD is not automatic. You must apply for it separately from your asylum application, and you must meet specific timing requirements before you are eligible.

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Current Eligibility Rules

Under the rules currently in effect, here is how the asylum EAD process works:

The 150-Day / 180-Day Framework

After you file your asylum application (Form I-589), a clock starts running — commonly called the “asylum clock.” The timeline works as follows:

150 days after filing: You become eligible to apply for an EAD by filing Form I-765 with USCIS.

180 days after filing: USCIS is permitted to approve your EAD. Even if you file your I-765 at the 150-day mark, USCIS cannot issue the work permit until at least 180 days have passed since your I-589 was filed.

The Asylum Clock

The asylum clock is a critical concept. It counts the days since your asylum application was filed, but it can be stopped by delays that are attributable to you — the applicant. Examples of actions that can stop the clock include:

• Requesting a continuance or postponement of your hearing
• Failing to appear at a scheduled hearing or interview
• Requesting additional time to submit evidence beyond a deadline set by the court

The clock does not stop for delays caused by the court or the government. If the immigration court reschedules your hearing because the judge is unavailable, that does not stop your clock.

Why this matters: If your asylum clock is stopped, the 150-day and 180-day thresholds take longer to reach, which delays your eligibility for a work permit. If your clock is stopped entirely, you may not be able to obtain an EAD at all while your case is pending.

Your attorney should be tracking your asylum clock carefully and advising you on how to avoid actions that would stop it.

Who Can Apply

You are eligible to apply for an asylum-based EAD if:

1. You have filed a complete Form I-589 (asylum application) with USCIS or with the immigration court
2. At least 150 days have passed on your asylum clock since the filing
3. Your asylum application has not been denied, withdrawn, or dismissed
4. You have not been found to have caused delays that stopped the clock entirely

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How to Apply for an Asylum Work Permit

Step 1: File Form I-765

You must file Form I-765, Application for Employment Authorization, with USCIS. When filling out the form, you will select category (c)(8) — the category for asylum applicants with pending cases.

As of 2026, USCIS allows online filing of Form I-765 for most applicants. You can file online through your USCIS online account or submit a paper filing by mail.

Step 2: Include Required Documentation

Your I-765 filing must include:

• A copy of your I-589 receipt notice (Form I-797C) showing USCIS received your asylum application
• Two passport-style photographs
• A copy of your most recent I-94 (Arrival/Departure Record), if available
• A copy of your passport biographical page, if available
• Any prior EADs you have received (if this is a renewal)
• The filing fee or a fee waiver request

Step 3: Biometrics

USCIS may schedule you for a biometrics appointment (fingerprinting and photographs) at a local Application Support Center (ASC). You must attend this appointment.

Step 4: Wait for a Decision

After filing, you wait for USCIS to adjudicate your application. Under current regulations, USCIS is supposed to process initial asylum EAD applications within 30 days. In practice, processing times have varied significantly — some applicants receive their EAD within weeks, while others wait months.

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Costs

Asylum-related immigration fees have changed significantly. Here is what you should know about costs as of early 2026:

Initial EAD Application

The filing fee for an initial asylum-based EAD (Form I-765, category (c)(8)) is $560. This fee was established under fee changes enacted through H.R. 1 (the reconciliation bill signed into law in 2025).

EAD Renewal

If you already have an asylum-based EAD and need to renew it, the renewal fee is $275 on top of the standard I-765 filing fee, bringing the total renewal cost to approximately $745.

Fee Waivers

Asylum applicants who cannot afford the filing fee may request a fee waiver by filing Form I-912, Request for Fee Waiver, along with their I-765. A fee waiver is granted based on your financial situation — you must demonstrate that you are at or below 150% of the federal poverty guidelines, are receiving a means-tested benefit, or that paying the fee would cause financial hardship.

Note: Fee waiver availability can change. The current administration has at various points restricted or proposed restrictions on fee waivers. Check the current USCIS fee schedule or consult with an attorney before filing.

Asylum Application Fee

It is worth noting that the asylum application itself (Form I-589) now carries a $600 filing fee as of 2025, a change from the previously fee-exempt filing. Fee waivers are available for the I-589 as well.

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What an EAD Gives You

An approved EAD opens several important doors:

Legal Employment

The most obvious benefit: you can work legally for any employer in the United States. Your employer will verify your work authorization using your EAD, and you can present it as a List A document for Form I-9 (Employment Eligibility Verification).

Social Security Number

With an approved EAD, you can apply for a Social Security Number (SSN) at your local Social Security Administration (SSA) office. An SSN is essential for employment, tax filing, and many everyday activities.

Important note (2025 change): In May 2025, the SSA suspended its “Enumeration Beyond Entry” (EBE) program, which previously allowed applicants to request an SSN at the same time as their immigration benefit. You must now apply for your SSN separately and in person at an SSA office after receiving your EAD.

Driver’s License

In most states — including Oregon — you can apply for a driver’s license once you have a valid EAD and Social Security Number. Oregon also offers the option of obtaining an Oregon ID card if you do not drive.

Credit and Financial Services

An EAD and SSN together allow you to open a bank account, build credit, and access financial services that are essential for establishing yourself in the United States.

Tax Filing

With an SSN, you can file federal and state income tax returns. Filing taxes is not only a legal obligation if you earn income — it also creates a record of your presence and lawful employment in the United States, which can support future immigration applications.

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EAD Validity and Renewals

How Long Is an EAD Valid?

An asylum-based EAD is typically valid for two years from the date of issuance.

When to Renew

You should file your renewal application (a new Form I-765) well before your current EAD expires — USCIS recommends filing up to 180 days before the expiration date. Given processing delays, filing early is critical to avoiding gaps in your work authorization.

Automatic Extensions

Under current rules, if you timely file a renewal application before your EAD expires, you may receive an automatic extension of your work authorization for up to 540 days (or until a decision is made on your renewal, whichever comes first). This automatic extension is documented on your I-797C receipt notice, which you can show to your employer as proof of continued work authorization along with your expired EAD.

This automatic extension rule has been a lifeline for asylum seekers facing long processing delays. However, the proposed 2026 rule (discussed below) would modify how this works.

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The 2024 EAD Freeze: What Happened

In June 2024, DHS finalized a rule that included a provision allowing USCIS to pause acceptance of new initial asylum-based EAD applications whenever the average processing time for those applications exceeded 180 days. Because the average processing time for asylum EADs has far exceeded 180 days — reportedly averaging over 1,200 days as of early 2026 — this trigger was met.

The practical effect: USCIS has effectively stopped accepting new initial asylum-based EAD applications under certain circumstances. Asylum seekers who have not yet filed their first EAD application may find that USCIS will not accept their filing.

This is separate from the February 2026 proposed rule — the 2024 freeze is already in effect under a finalized regulation, while the 2026 proposed rule would impose additional restrictions.

If you are unsure whether you can currently file an initial asylum-based EAD application, contact an immigration attorney for guidance specific to your situation.

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The Proposed February 2026 Rule: Major Changes Ahead

On February 23, 2026, DHS published a proposed rule in the Federal Register titled “Employment Authorization Reform for Asylum Applicants” that would fundamentally reshape asylum-based work permits. Here is what the proposed rule would do:

Extend the Waiting Period to One Year

The proposed rule would increase the waiting period to apply for an EAD from 150 days to 365 days after filing your asylum application. Instead of waiting roughly five months, you would need to wait a full year before even submitting your application.

Extend EAD Processing Time to 180 Days

Under current rules, USCIS must process an initial asylum EAD application within 30 days. The proposed rule would extend this to 180 days, meaning you could wait up to six months after applying before receiving a decision — on top of the one-year waiting period.

Codify the EAD Application Pause

The proposed rule would formally codify USCIS’s authority to pause acceptance of all new asylum-based EAD applications when the average asylum processing time exceeds 180 days. DHS’s own analysis acknowledges that this trigger would likely be met immediately and could remain in effect for 14 to 173 years under current conditions.

Immediate EAD Termination Upon Denial

If your asylum application is denied by an asylum officer, your EAD would be terminated immediately — unless the case is referred to immigration court for further proceedings. Under current rules, your EAD remains valid through its expiration date even if your asylum application is denied.

Port-of-Entry Eligibility Restriction

The proposed rule would restrict asylum-based EAD eligibility for applicants who entered the United States without inspection at a lawful port of entry. This would affect a significant number of asylum seekers, since many enter the U.S. between ports of entry and then apply for asylum.

What This Means for You

If finalized as proposed, these changes would make it dramatically harder for asylum seekers to obtain work authorization. The combination of a one-year waiting period, 180-day processing time, and the ongoing application pause could leave many asylum seekers unable to work legally for years — or indefinitely — while their cases are pending.

Current Status

The proposed rule is not yet final. The public comment period closes on April 24, 2026. After the comment period, DHS must review comments, potentially revise the rule, and publish a final version before it takes effect. Legal challenges are also likely.

We are monitoring this closely and will update this article as the situation develops.

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What You Should Do Now

Given the uncertainty around EAD rules, here is what we recommend:

1. File your asylum application as soon as possible. The earlier you file Form I-589, the earlier your asylum clock starts running, and the sooner you become eligible for an EAD.
2. Avoid stopping the asylum clock. Work with your attorney to avoid unnecessary continuances or delays that could stop your clock and push back your EAD eligibility.
3. File your I-765 as soon as you are eligible. If USCIS is currently accepting applications in your situation, file at the 150-day mark. Do not wait.
4. Renew early. If you already have an EAD approaching expiration, file your renewal at least 180 days before it expires to take advantage of the automatic extension.
5. Keep records. Maintain copies of all filing receipts, notices, and correspondence related to your EAD and asylum applications.
6. Consult an attorney. The rules in this area are changing rapidly. An experienced immigration attorney can advise you on the current state of the law and the best strategy for your specific situation.

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How Portland Immigration Law Can Help

At Portland Immigration Law, we help asylum seekers navigate every aspect of the asylum process — including work authorization. We track the asylum clock for our clients, file EAD applications promptly, and stay on top of the constantly shifting regulatory landscape so you do not have to.

If you have questions about your eligibility for a work permit, need help filing your EAD application, or want to understand how the proposed 2026 rule changes could affect you, we are here to help.

Call 503-749-7700 or schedule a consultation online.

Portland Immigration Law LLC
520 SW 6th Ave, Suite 610
Portland, OR 97204

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This article is provided for informational purposes only and does not constitute legal advice. Immigration law changes frequently, and the rules described in this article may have been modified since publication. If you need legal advice about your situation, please contact an immigration attorney.

Last updated: March 2026

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Frequently Asked Questions About Asylum Work Permits

Can I work while my asylum case is pending?

Not immediately. Under current rules, you must wait at least 150 days after filing your asylum application (Form I-589) before you can apply for a work permit (EAD), and USCIS cannot approve it until 180 days have passed. However, the 2024 EAD freeze and proposed 2026 rule changes may further restrict eligibility. Consult an immigration attorney for guidance on your specific situation.

How much does an asylum work permit cost in 2026?

The initial filing fee for an asylum-based EAD (Form I-765, category (c)(8)) is $560. Renewals cost approximately $745 ($560 plus a $275 renewal surcharge). Fee waivers may be available for applicants who cannot afford the fee — you must file Form I-912 and demonstrate financial hardship.

What is the asylum clock?

The asylum clock counts the days since your asylum application was filed. It determines when you become eligible for a work permit. The clock can be stopped by applicant-caused delays such as requesting continuances, failing to appear at hearings, or asking for extra time to submit evidence. Delays caused by the court or government do not stop the clock.

What does an EAD let me do besides work?

An approved EAD allows you to work legally for any U.S. employer. It also enables you to apply for a Social Security Number, obtain a driver’s license (in Oregon and most states), open bank accounts, build credit, and file tax returns — all essential steps for establishing yourself in the United States.

What is the 2024 EAD freeze?

In June 2024, DHS finalized a rule allowing USCIS to pause acceptance of new initial asylum-based EAD applications when average processing times exceed 180 days. Because average processing times reportedly exceed 1,200 days, this trigger has been met, and USCIS has effectively stopped accepting new initial asylum EAD applications under certain circumstances.

What would the proposed February 2026 rule change?

The proposed rule would extend the waiting period to apply for an EAD from 150 days to 365 days, extend the processing deadline from 30 days to 180 days, codify USCIS’s authority to pause EAD applications indefinitely, immediately terminate EADs upon asylum denial, and restrict eligibility for applicants who entered without inspection at a port of entry. The comment period closes April 24, 2026.

How long is an asylum EAD valid?

An asylum-based EAD is typically valid for two years. You should file your renewal (a new Form I-765) up to 180 days before expiration. If you file a timely renewal, you may receive an automatic extension of work authorization for up to 540 days while USCIS processes your renewal application.

If you are fleeing persecution and have arrived in the United States, you may be eligible for asylum — a form of legal protection that allows you to remain in this country, work, and eventually become a permanent resident and citizen. But the asylum process is complex, the stakes are extraordinarily high, and the legal landscape is constantly shifting.

This guide is written by Cole Enabnit, an immigration attorney who has represented hundreds of asylum seekers in the Portland Immigration Court since 2014. It covers everything you need to understand about asylum — from basic eligibility to the specific realities of pursuing an asylum case in Portland, Oregon in 2026.

What Is Asylum?

Asylum is a form of protection available to people who are already in the United States and who meet the legal definition of a “refugee.” Under the Immigration and Nationality Act (INA), a refugee is someone who is unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution on account of one of five protected grounds:

1. Race
2. Religion
3. Nationality
4. Political opinion
5. Membership in a particular social group

These five grounds are the foundation of every asylum case. Your experience of harm — no matter how severe — must be connected to at least one of these grounds. Understanding which ground applies to your situation, and how to frame your claim within the legal framework, is one of the most important parts of building a strong asylum case.

The Five Protected Grounds, Explained

Race and Nationality

Claims based on race or nationality involve persecution directed at you because of your ethnic identity, tribal membership, or national origin. These claims are common among applicants from countries with ethnic conflict, such as persecution of ethnic minorities by a dominant group or government.

Religion

Religious persecution can take many forms: government prohibition of religious practice, violence from non-state actors because of your faith, forced conversion, or punishment for refusing to adhere to state-imposed religious laws. Claims based on religion require showing that your persecutor targeted you because of your religious beliefs or practices.

Political Opinion

Political opinion claims cover persecution based on your actual political beliefs or opinions that your persecutor attributes to you — even if you do not actually hold those opinions. This includes cases involving activists, journalists, whistleblowers, people who refused to cooperate with corrupt officials, and individuals who are perceived as political opponents.

Particular Social Group

Particular social group is the most complex and frequently litigated ground for asylum. A particular social group must be defined by members who share an immutable characteristic — something they cannot change or should not be required to change — and the group must be socially distinct and particular within the society in question.

Examples of particular social groups that courts have recognized include people fleeing domestic violence, LGBTQ+ individuals in countries where they face persecution, family members of targeted individuals, former gang resisters, and members of certain clans or kinship groups. This area of law continues to evolve, and how you define your particular social group can determine whether your case succeeds or fails.

The One-Year Filing Deadline

One of the most critical rules in asylum law is the one-year filing deadline. You must file your asylum application — Form I-589 — within one year of your most recent arrival in the United States. If you miss this deadline, you are barred from asylum unless you qualify for an exception.

This deadline catches many people off guard. Some arrive in the United States and do not learn about the asylum process until months or years have passed. Others are unaware that the clock restarted when they last entered the country.

Exceptions to the One-Year Deadline

There are two categories of exceptions:

Changed circumstances that materially affect your eligibility for asylum. Examples include:

• A change in conditions in your home country (new government, outbreak of targeted violence, change in laws criminalizing your identity)
• A change in your personal circumstances (such as coming out as LGBTQ+, or a family member being harmed after you arrived)
• Loss of lawful immigration status that previously allowed you to remain in the U.S. legally (for example, your student visa expired)

Extraordinary circumstances that prevented you from filing on time. Examples include:

• Serious illness or mental health conditions (particularly PTSD or severe depression related to the persecution you suffered)
• Ineffective assistance of a prior attorney who failed to file your application
• You were a minor when you arrived and did not have a guardian who could file on your behalf
• You were in lawful immigration status and had no reason to file for asylum until that status was lost

Even if you qualify for an exception, you must file within a “reasonable period” after the changed or extraordinary circumstances. What counts as reasonable depends on the facts of your case, but courts expect you to act promptly once the barrier to filing is removed.

Important: Even if you are barred from asylum due to the one-year deadline, you may still be eligible for withholding of removal and protection under the Convention Against Torture, which do not have a filing deadline. We discuss these alternatives below.

Affirmative Asylum vs. Defensive Asylum

There are two paths to asylum, and which path you take depends on whether the government has placed you in removal proceedings.

Affirmative Asylum

If you are in the United States and have not been placed in removal proceedings, you apply for affirmative asylum by filing Form I-589 directly with USCIS. Your case will be reviewed by an asylum officer at a USCIS Asylum Office.

The affirmative process works as follows:

1. File Form I-589 with USCIS, along with supporting evidence and a detailed personal declaration describing your persecution.
2. Biometrics appointment. USCIS will schedule you for fingerprinting, usually within a few weeks of filing.
3. Asylum interview. You attend an interview at a USCIS Asylum Office, where an asylum officer will question you about your claim. Your attorney can be present and can make a closing statement. The interview typically lasts one to three hours.
4. Decision. The asylum officer either grants your application or, if the officer does not grant it, refers your case to immigration court for a hearing before an immigration judge.

The wait time between filing and the asylum interview varies significantly. As of 2026, many applicants wait 12 to 24 months or longer for their interview.

Defensive Asylum

If you are in removal proceedings — meaning the government has issued a Notice to Appear (NTA) charging you as removable — you apply for asylum defensively before an immigration judge. This happens in the Portland Immigration Court if you live in Oregon or Southwest Washington.

The defensive process typically involves:

1. Master calendar hearing. Your first court appearance, where the judge addresses procedural matters, confirms the charges against you, and sets deadlines.
2. Filing Form I-589 with the immigration court and serving a copy on the government attorney (the trial attorney from ICE).
3. Case preparation. You and your attorney gather evidence, prepare your declaration, identify witnesses, and develop your legal arguments. This phase can take several months to over a year.
4. Individual merits hearing. This is the trial. You testify before the immigration judge, are cross-examined by the government attorney, and your attorney presents legal arguments and evidence. Individual hearings are typically three to four hours.
5. Decision. The judge may issue a decision from the bench immediately after the hearing or issue a written decision weeks later.

The Portland Immigration Court: What to Expect

The Portland Immigration Court is part of the Executive Office for Immigration Review (EOIR), a division of the U.S. Department of Justice. The court has jurisdiction over removal cases for individuals living in Oregon and parts of Southwest Washington.

Court Backlog

Immigration courts across the country face a massive backlog. As of early 2026, over 1.7 million cases are pending nationally, and the average wait time from filing to final decision is approximately 900 days — nearly two and a half years. The Portland Immigration Court’s docket reflects these national trends.

What this means practically: if you are in defensive asylum proceedings in Portland, you may wait a year or longer between your initial master calendar hearing and your individual merits hearing. Some cases move faster depending on the judge’s docket and the complexity of the case, but delays are the norm, not the exception.

Judge Assignment Matters

Your case will be assigned to a specific immigration judge. Research consistently shows that asylum outcomes vary significantly depending on which judge hears your case. Nationally, some judges grant asylum in the majority of cases they hear, while others grant it in fewer than 10% of cases — even when the cases involve similar facts and nationalities.

At Portland Immigration Law, we track judge-specific patterns and adjust our case strategy accordingly. Knowing your judge’s tendencies — what types of evidence they find persuasive, how they handle credibility issues, what legal arguments resonate with them — is an essential part of effective asylum representation.

Asylum Grant Rates: The Current Landscape

Asylum grant rates have declined significantly in recent years. In 2024, the national grant rate was approximately 38%. By mid-2025, it had fallen to around 19%. This decline reflects both policy shifts and a dramatic increase in the pace of asylum adjudications.

Several factors influence whether an asylum case is granted:

• Nationality. Grant rates vary widely by country of origin. Applicants from certain countries have historically higher grant rates because of well-documented country conditions.
• Legal representation. Data consistently shows that represented asylum seekers are far more likely to be granted asylum than those who appear without an attorney.
• Quality of evidence. Cases supported by detailed personal declarations, corroborating documents, country conditions evidence, and expert testimony are substantially stronger.
• Judge assignment. As noted above, the judge assigned to your case can significantly affect the outcome.

The declining grant rates underscore the importance of thorough preparation and experienced legal representation. A weak or poorly prepared case is more likely than ever to be denied.

Building a Strong Asylum Case: The Evidence

The outcome of your asylum case depends heavily on the evidence you present. Here is what goes into building a strong case:

Your Personal Declaration

Your declaration is the backbone of your asylum application. It is a sworn, written statement — typically 10 to 30 pages — describing in detail:

• Who you are and where you are from
• What happened to you (the persecution or harm you experienced)
• Who harmed you and why (the connection to a protected ground)
• What you fear will happen if you return
• Why you cannot relocate within your home country to avoid the persecution

The declaration must be specific, detailed, and internally consistent. Vague or inconsistent statements damage credibility. Immigration judges and asylum officers scrutinize declarations closely, and the government attorney will use any inconsistencies during cross-examination.

Corroborating Evidence

Whenever possible, your claim should be supported by corroborating evidence, which may include:

• Identity documents: Passport, national ID, birth certificate
• Evidence of persecution: Police reports, medical records, photographs of injuries, threatening letters or messages, news articles about the incident
• Evidence of group membership: Documents showing your political party membership, religious affiliation, LGBTQ+ identity, or family relationships
• Country conditions evidence: U.S. State Department Human Rights Reports, reports from Human Rights Watch, Amnesty International, and other organizations
• Letters from witnesses: Statements from people who can corroborate your account — family members, friends, community leaders, or other witnesses

Expert Witnesses

In complex cases, expert witnesses can strengthen your claim significantly. Country conditions experts — typically academics or researchers with deep knowledge of your home country — can testify about the conditions you would face if returned. Medical or psychological experts can document physical injuries or diagnose trauma-related conditions like PTSD, which both corroborate your account and may support exceptions to the one-year filing deadline.

Credibility

Credibility is central to every asylum case. The immigration judge or asylum officer will assess whether your testimony is believable based on factors including:

• Internal consistency (does your testimony match your declaration and other evidence?)
• Detail and specificity (are your descriptions of events detailed and plausible?)
• Demeanor (do you appear to be testifying truthfully?)
• Plausibility (does your account make sense given the known conditions in your country?)
• Corroboration (is your testimony supported by other evidence?)

A single significant inconsistency can undermine your entire case. This is why thorough preparation — including practice sessions where your attorney asks you difficult questions — is essential.

Work Authorization While Your Case Is Pending

One of the most pressing practical concerns for asylum seekers is the ability to work while waiting for a decision.

Under current rules, after filing Form I-589, you must wait 150 days (the “asylum clock”) before you can apply for an Employment Authorization Document (EAD), and USCIS cannot approve the EAD until 180 days have passed since the asylum application was filed. Delays caused by the applicant — such as requesting a continuance — can stop the asylum clock.

Once granted, the EAD is typically valid for two years and can be renewed while your case remains pending. The EAD allows you to work legally, obtain a Social Security number, and in many states, get a driver’s license.

Proposed 2026 rule change: In February 2026, the Department of Homeland Security published a proposed rule that would significantly restrict asylum-based work permits. The proposed changes include extending the waiting period from 150 days to one year, pausing acceptance of new asylum-based EAD applications when average asylum processing times exceed 180 days, and terminating work permits immediately upon an asylum denial. This rule is not yet final and is subject to a public comment period. We are monitoring it closely.

For a detailed explanation of how asylum work permits work, how to apply, current costs, and the full scope of the proposed changes, see our companion article: Asylum Work Permits: What You Need to Know in 2026.

Withholding of Removal and Convention Against Torture

Asylum is not the only form of protection available. If you are barred from asylum — for example, because you missed the one-year filing deadline — you may still be eligible for withholding of removal or protection under the Convention Against Torture (CAT). These are applied for on the same Form I-589.

Withholding of Removal

Withholding of removal under INA § 241(b)(3) is available to individuals who can show that it is more likely than not (a greater than 50% chance) that they would be persecuted on account of a protected ground if returned to their home country. This is a higher burden of proof than asylum’s “well-founded fear” standard.

Key differences from asylum:

• No one-year filing deadline. You can apply for withholding regardless of when you arrived.
• Higher burden of proof. You must prove persecution is more likely than not, rather than showing a well-founded fear.
• Mandatory grant. If you meet the standard, the judge must grant withholding — there is no discretionary denial.
• More limited benefits. Withholding does not provide a path to a green card or citizenship. You cannot travel outside the United States. You cannot petition for family members.
• Country-specific. Withholding only prevents removal to the specific country where you face persecution.

Convention Against Torture (CAT) Protection

CAT protection is available to individuals who can show it is more likely than not that they would be tortured by or with the acquiescence of a government official if returned to their home country. CAT does not require a connection to one of the five protected grounds — the claim is based solely on the risk of torture.

CAT protection comes in two forms:

• Withholding of removal under CAT — a more stable form of protection that cannot be easily terminated
• Deferral of removal under CAT — a more limited form of protection, available even to individuals who have committed serious crimes, but it can be terminated if conditions change

Common Bars to Asylum

Not everyone who meets the definition of a refugee will be granted asylum. The law contains several bars that can disqualify you:

• One-year filing deadline (discussed above)
• Firm resettlement. If you were firmly resettled in another country before arriving in the United States, you are barred from asylum.
• Persecutor bar. If you participated in the persecution of others, you are ineligible.
• Particularly serious crime. If you have been convicted of a particularly serious crime, you are barred from asylum (and potentially from withholding, though not always from CAT).
• Serious nonpolitical crime. If you committed a serious nonpolitical crime outside the United States, you may be barred.
• Terrorism-related bars. Broad terrorism-related inadmissibility grounds can bar asylum eligibility.
• Safe third country. If you passed through a country where you could have sought protection before arriving in the United States, this may affect your eligibility.

Each of these bars has nuances and exceptions. If you believe any of these might apply to you, it is critical to discuss this with an attorney before filing.

After Asylum Is Granted

If your asylum application is approved, you become an “asylee” with authorization to live and work in the United States. Here is what happens next:

• Work authorization. You are authorized to work immediately upon grant.
• Travel document. You can apply for a Refugee Travel Document to travel internationally (though returning to your home country can jeopardize your asylum status).
• Green card. After one year as an asylee, you are eligible to apply for lawful permanent residence (a green card) by filing Form I-485.
• Derivative family members. Your spouse and unmarried children under 21 may be included in your asylum application or may be able to follow to join you in the United States.
• Citizenship. After holding a green card for the required period (typically four years after green card approval, since one year of asylee status counts toward the five-year requirement), you are eligible to apply for U.S. citizenship.

If Your Asylum Case Is Denied

A denial is not necessarily the end. You have options:

Appeal to the Board of Immigration Appeals (BIA)

If an immigration judge denies your case, you have 30 days to file a Notice of Appeal with the BIA. The BIA reviews the judge’s decision for legal errors and, in some cases, clear factual errors. BIA appeals are decided on the written record — there is no new hearing.

Petition for Review to the Ninth Circuit

If the BIA denies your appeal, you can file a Petition for Review with the U.S. Court of Appeals for the Ninth Circuit (which covers Oregon). This must be filed within 30 days of the BIA’s decision.

Motion to Reopen or Reconsider

In certain circumstances, you can file a motion to reopen your case (based on new evidence or changed country conditions) or a motion to reconsider (arguing the judge or BIA made a legal error). These motions have strict deadlines — typically 90 days, though there are exceptions for changed country conditions.

Why Legal Representation Matters

The data is unambiguous: asylum seekers with legal representation are significantly more likely to be granted asylum than those who represent themselves.

An experienced asylum attorney provides value at every stage:

• Case assessment. Identifying the strongest legal theory and protected ground for your claim.
• Application preparation. Drafting a detailed, legally sound declaration and assembling corroborating evidence.
• One-year deadline analysis. Determining whether you meet an exception if you filed late.
• Hearing preparation. Preparing you for direct examination and cross-examination, anticipating the government’s arguments, and preparing legal briefs.
• Judge-specific strategy. Adapting your case presentation to the tendencies of the assigned judge.
• Appeals. Preserving issues for appeal and navigating the BIA and Ninth Circuit if your case is denied.

Seeking Asylum in Portland: How Portland Immigration Law Can Help

Portland Immigration Law has represented asylum seekers in the Portland Immigration Court since 2014. Our attorneys — Cole Enabnit, Beth Sethi, and Sadie Wolff — have handled cases involving persecution based on political opinion, religion, gender-based violence, LGBTQ+ identity, gang resistance, family membership, and many other grounds. Our team speaks English, Spanish, and Russian.

We represent clients in both affirmative asylum before USCIS and defensive asylum in immigration court, including appeals to the Board of Immigration Appeals and the Ninth Circuit Court of Appeals.

If you are considering seeking asylum or have already been placed in removal proceedings, the first step is a consultation. We will assess your situation, explain your options, and give you an honest evaluation of your case.

Call 503-749-7700 or schedule a consultation online.

Portland Immigration Law LLC
520 SW 6th Ave, Suite 610
Portland, OR 97204

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This article is provided for informational purposes only and does not constitute legal advice. Asylum law is complex and fact-specific. Every case is different. If you need legal advice about your situation, please contact an immigration attorney.

Frequently Asked Questions About Asylum

What is asylum?

Asylum is a form of legal protection available to people in the United States who have been persecuted or have a well-founded fear of persecution in their home country on account of race, religion, nationality, political opinion, or membership in a particular social group. If granted, asylum allows you to live and work in the U.S., and eventually apply for a green card and citizenship.

How long does the asylum process take in Portland?

The timeline varies significantly depending on whether you file affirmatively (with USCIS) or defensively (in immigration court). Affirmative asylum applicants may wait 12 to 24 months or longer for an interview. In the Portland Immigration Court, defensive asylum cases may take one to three years or longer due to the national backlog of over 1.7 million pending cases.

What is the one-year filing deadline for asylum?

You must file your asylum application (Form I-589) within one year of your most recent arrival in the United States. If you miss this deadline, you are barred from asylum unless you qualify for an exception based on changed circumstances or extraordinary circumstances. Even if barred from asylum, you may still be eligible for withholding of removal or Convention Against Torture protection.

Can I work while my asylum case is pending?

Under current rules, you can apply for a work permit (EAD) 150 days after filing your asylum application, and USCIS can approve it after 180 days. However, a proposed February 2026 rule would extend this waiting period to one year and impose additional restrictions. The rules in this area are changing rapidly — consult an immigration attorney for current guidance.

What is the difference between asylum and withholding of removal?

Asylum requires showing a well-founded fear of persecution, while withholding of removal requires the higher standard of proving persecution is more likely than not. Asylum provides a path to a green card and citizenship; withholding does not. There is no one-year filing deadline for withholding. If you meet the withholding standard, the judge must grant it — it is not discretionary.

Do I need a lawyer for my asylum case?

While not legally required, legal representation dramatically improves your chances. Data consistently shows that represented asylum seekers are granted asylum at significantly higher rates than those who appear without an attorney. An experienced attorney can identify the strongest legal theory for your case, prepare your evidence, and navigate the complex immigration court system.

What happens if my asylum case is denied?

If denied by an immigration judge, you have 30 days to appeal to the Board of Immigration Appeals (BIA). If the BIA denies your appeal, you can file a Petition for Review with the Ninth Circuit Court of Appeals within 30 days. You may also be able to file a motion to reopen based on new evidence or changed country conditions.