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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

Posted

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

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8 comments

Asker

Posted

An EAD is currently $380.00 dollars and I learned it's not require. Im saving to be a resident and then apply to be a citizen.

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

OK, that is fair. Make sure you carry the memo and proof of your status when you apply for any job. Good luck!

Asker

Posted

Thank you, I've a question if it's okay? Can I show an expired ID or passport to get employed while I wait for a new valid ID?

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

You can but I think most employers would be afraid to hire you with an expired passport and ID. Do you have an I94?

Asker

Posted

I understand and yes I do have an I-94 attach to my guatemalan passport but the passport is expired.I have hopes of getting my expired one accepted temporarily while I get a new one.Thank you once again for your answer, I appreciate it.

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

You would probably be okay with the I94 then.

Asker

Posted

Would I still need to present some type of ID document though? Thanks a lot.

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

Present the I94 and the expired passport and ID, show the receipt for the ID renewal

Posted

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.

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2 comments

Asker

Posted

Thank you I hadn't heared of this before and I will look into it.

Nicolette Glazer

Nicolette Glazer

Posted

good luck!

Posted

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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