If you’ve been granted asylum in the United States, your right to work is already part of your status. Asylee work authorization exists the moment asylum is granted, but to show it to an employer you’ll rely on either the Form I-94 issued after your grant or an Employment Authorization Document (EAD) obtained by filing Form I-765 with USCIS. The initial I-765 is fee-exempt. As of late 2025, newly issued asylee EADs are valid for 18 months rather than five years, and automatic extensions during renewal have been eliminated.
The Right to Work and the Document That Proves It
Federal regulations place asylees in employment eligibility category (a)(5), meaning work authorization is “incident to status.” It exists because you were granted asylum, not because of a separate permit.1eCFR. 8 CFR 274a.12 – Classes of Aliens Authorized to Accept Employment That authorization does not expire so long as you remain an asylee.2U.S. Department of Justice. Refugees and Asylees Work Authorization Rights
The EAD card, on the other hand, carries a printed expiration date. That gap between an unexpiring right and an expiring card is the source of most practical problems asylees run into, and it’s why the I-94 matters.
Using the I-94 Before or Without an EAD
Right after the grant, most asylees won’t yet have an EAD card. The Form I-94 (Arrival/Departure Record) issued after asylum is granted proves work authorization in the meantime. It will show a stamp or notation such as “asylum granted indefinitely,” or an electronic admission class of “AY.”3U.S. Citizenship and Immigration Services. Handbook for Employers M-274 – 7.3 Refugees and Asylees
One detail worth keeping straight: the asylee I-94 is a List C document under Form I-9, not List A. It proves work authorization, not identity. Pair it with a List B identity document such as a state driver’s license or ID card. The upside is significant. The asylee I-94 does not expire, never requires reverification, and remains valid as long as you hold asylee status. That makes it your best fallback if an EAD ever expires while a renewal is pending.3U.S. Citizenship and Immigration Services. Handbook for Employers M-274 – 7.3 Refugees and Asylees
Filing the Initial I-765
The formal request for an EAD is Form I-765, Application for Employment Authorization.4USCIS. I-765, Application for Employment Authorization Enter eligibility category (a)(5). Include:
- A copy of the USCIS decision letter or immigration judge’s order granting asylum.
- Two passport-style photographs meeting USCIS specifications.
- A copy of a government-issued photo ID such as a passport or state ID.
The initial (a)(5) application has no filing fee. Renewals and replacements do require the fee unless USCIS approves a Form I-912 fee waiver. Fee amounts change, so confirm the current figure on the USCIS fee calculator before filing.5U.S. Citizenship and Immigration Services. Calculate Your Fees
Once the application is received, USCIS mails a Form I-797C (Notice of Action) confirming receipt, and may schedule biometrics.6U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action Processing times run several months and vary by service center. When approved, USCIS mails the EAD card (Form I-766) to the address on file, so keeping your address current with USCIS is essential.
Renewing the EAD: 18 Months and No Automatic Extension
As of December 2025, USCIS reduced the maximum validity period for asylee EADs from five years to 18 months for both initial and renewal cards. This applies to any application pending or filed on or after December 5, 2025. EADs already issued with five-year validity remain valid until their printed expiration date.7U.S. Citizenship and Immigration Services. Reduced Validity Periods for Newly Issued Employment Authorization Documents
To renew, file a new Form I-765 with a copy of your expiring EAD and your original asylum grant notice. File well before the card expires. USCIS instructions generally require renewals to be timely filed before the expiration date, and given processing times, starting early is essential.
No More Automatic Extensions
Before October 30, 2025, asylees who filed a timely renewal received an automatic extension of their expiring EAD for up to 540 days while the renewal was pending. That rule has been eliminated. Anyone filing on or after October 30, 2025 receives no automatic extension.8U.S. Citizenship and Immigration Services. Interim Final Rule Published to End the Practice of Automatically Extending Certain Employment Renewals timely filed before that date may still benefit from the old extension if they remain pending.9U.S. Citizenship and Immigration Services. Handbook for Employers M-274 – 5.1 Automatic Extensions Based on a Timely Filed Application to Renew Employment Authorization
The practical effect: a shorter card plus no extension means real risk of a documentation gap. Your right to work isn’t affected because it flows from your asylee status. But you may not have a current EAD to show. This is when your I-94 earns its keep. Present it with a List B identity document to satisfy Form I-9 while the renewal processes.3U.S. Citizenship and Immigration Services. Handbook for Employers M-274 – 7.3 Refugees and Asylees
Showing the EAD to an Employer
The EAD (Form I-766) is a List A document under Form I-9, so it establishes both identity and work authorization by itself.10U.S. Citizenship and Immigration Services. Form I-9 Acceptable Documents An employer who sees a valid EAD cannot demand additional documents, and doing so may violate anti-discrimination rules.2U.S. Department of Justice. Refugees and Asylees Work Authorization Rights
When you fill out Section 1 of Form I-9, select “an alien authorized to work” and enter “N/A” on the expiration date line, even if the EAD card has a printed expiration. The underlying work authorization does not expire, and the I-9 should reflect that.3U.S. Citizenship and Immigration Services. Handbook for Employers M-274 – 7.3 Refugees and Asylees
Replacing a Lost or Stolen Card
If your EAD is lost, stolen, or damaged, file a new Form I-765 for a replacement.11USCIS. Employment Authorization Document Unlike the initial application, a replacement requires the filing fee or an approved waiver. One exception: if USCIS mailed the card but it never arrived, don’t file a new I-765. Submit a non-delivery inquiry through your USCIS online account or the USCIS Contact Center, since USCIS may be able to resend the card without a fresh application.
Requesting a Social Security Number
If you don’t already have a Social Security number, you can request one on Form I-765 itself by completing the relevant section. The Social Security Administration processes the request after USCIS approves the EAD, and you should receive your Social Security card within about 14 days of receiving the EAD.12Social Security Administration. Apply For Your Social Security Number While Applying For Your Work Permit and/or Lawful Permanent Residency If it hasn’t arrived by then, contact your local Social Security field office.
Two Things to Know Outside the Paperwork
International travel is not covered by the EAD. Asylees who need to travel abroad must first obtain a Refugee Travel Document by filing Form I-131. Without it, you may not be able to return.13Department of Homeland Security / U.S. Citizenship and Immigration Services. Instructions for Form I-131, Application for Travel Document Returning to the country you fled carries particular risk. USCIS warns that such a trip can be used as evidence that your fear was not genuine and can support termination of asylum status, potentially even after you have become a lawful permanent resident. Using a home-country passport raises similar concerns.14U.S. Citizenship and Immigration Services. Traveling Outside the United States as an Asylum Applicant
The longer-term fix for EAD hassles is a green card. Asylees can apply for lawful permanent resident status after one year of physical presence in the United States following the asylum grant.15U.S. Citizenship and Immigration Services. Green Card for Asylees The one-year clock runs from the date asylum was granted.16Office of the Law Revision Counsel. 8 USC 1159 – Adjustment of Status of Refugees Once you have a green card, you no longer need an EAD. The green card itself proves the right to work, which ends the cycle of renewals and the risk of documentation gaps.