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DHS/USCIS RIN: 1615-AC27 Publication ID: Fall 2018 
Title: ●Employment Authorization Documents for Asylum Applicants 

The Department of Homeland Security (DHS) plans to propose regulatory amendments intended to promote greater accountability in the application process for requesting employment authorization and to deter the fraudulent filing of asylum applications for the purpose of obtaining Employment Authorization Documents (EADs).

Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
EO 13771 Designation: Other 
CFR Citation: 8 CFR 208.7    8 CFR 274a     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 8 U.S.C. 1158(d)(2)   
Legal Deadline:  None

Statement of Need:

This rule aims to make changes that strengthen eligibility and application requirements for asylum applicants who seek employment eligibility in the United States.

Summary of the Legal Basis:

The Immigration and Nationality Act section 208(d)(2), 8 U.S.C. 1158(d)(2), provides the Attorney General with authority to provide employment authorization to applicants for asylum by establishing regulations. The statute also states such applicants may not be granted asylum application-based employment authorization prior to 180 days after filing of the application for asylum. DHS has created regulations codifying employment authorization application procedures and eligibility, as well as renewal procedures, and is proposing modifications.


Anticipated Costs and Benefits:

DHS is still considering the qualitative and quantitative impacts of the proposed provisions.


Action Date FR Cite
NPRM   09/00/2019 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Brandon B. Prelogar
Chief, International and Humanitarian Affairs Division, Office of Policy and Strategy
Department of Homeland Security
U.S. Citizenship and Immigration Services
20 Massachusetts Avenue NW,
Washington, DC 20529
Phone:202 272-8377