USCIS Discretion on Work Authorization Exemptions

September 28, 2020

By Immigration Group

This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh, Fredrikson Immigration Department Chair, is a member.

Asylum applicants are no longer exempt from U.S. Citizenship and Immigration Services (USCIS) discretion with respect to employment authorization. Under a final rule published in June and effective August 25, 2020, they are subject to the agency’s discretion when seeking authorization to work. The new rule does not apply to employment authorization applications filed or pending before August 25, 2020.