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Are Asylees eligble to work without an EAD? I entered as an asylee. Im an asylee with an expired EAD, can I still be employed?

Larkspur, CA |

"Employment Authorization Documents are only valid for one year, and they cost over $200 (with fingerprint fees) to renew,
so you should be aware that you are not required to renew them. Many employers are confused about asylee status,
and if you do not have a “green card” they will demand an EAD. This is improper, and you can show them the Department
of Justice Policy Memorandum explaining that, as an asylee, you are legally authorized to work without an EAD". I got this from the USCIS

Attorney Answers 3


  1. Best answer

    The memo from CIS is correct - you do not need an EAD to work legally. But the memo is also correct that may employers are not aware of this, or do not believe it. It is up to you whether you want to risk haggling with a potential employer over this issue or not. Why do you not want to have the EAD card?

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  2. If you do not want to apply for an EAD you can make an infopass appointment an obtain I-94 form endorced as asylee (employement authorized). Most HR depts are familiar with such I-94 and do not give problems to asylees.

    Answers to questions are for general purposes only and do not establish an attorney-client relationship.


  3. You can either present an EAD OR your asylee I-94 (which is a List C document) and a List B document such as a passport or refugee travel doc or even a state issued drivers license.

    And I think you should push the issue with your uninformed employer as it could be considered a form of discrimination.

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