INS Seeks I-589 As Alternative EAD Application for Asylees

IMMIGRATION LAW & POLICY

Asylum, Refugee, and Other
Protected Statuses

INS SEEKS I-589 AS ALTERNATIVE EAD APPLICATION FOR ASYLEES
Immigrants' Rights Update, Vol. 16, No. 7, November 22, 2002

The Immigration and Naturalization Service has requested that the Office of Management and Budget (OMB) approve the use of the asylum application (Form I-589) as an alternate application for the employment authorization document (EAD). Before the INS requested this change, asylees had to file a separate application (Form I-765) to obtain an EAD, which is used to establish the holder's work authorization and identity. In the Federal Register notice announcing the request, the INS noted that both the I-765 and the I-589 collect the same biographic information. Thus, when an applicant is granted asylum, information from the latter could also be used to generate the EAD. The INS sought emergency review from the OMB on Oct. 22, 2002, and requested approval by Oct. 24, 2002. If granted, the emergency approval is valid for 180 days.

The INS requested this change in order to comply with the requirements of the Enhanced Border Security and Visa Entry Reform Act of 2002 (Border Security Act) (Pub.L. 107-173 May 14, 2002). Section 309 of the Border Security Act requires the INS to establish procedures for issuing employment authorization cards with a photo and fingerprint to asylees "immediately" upon the grant of asylum. Such procedures must be in place as of Nov. 10, 2002.

It should be noted that under 8 C.F.R. section 274a.12(a)(5), asylees are authorized to work by virtue of their status as asylees. For this reason, they should be able to obtain an unrestricted Social Security number without having an EAD, if they have other documentation showing their asylee status, such as Form I-94 (see "Asylees to Receive Unrestricted Social Security Cards," Immigrants' Rights Update, May 10, 2001, p. 10).

67 Fed. Reg. 64,911 (Oct. 22, 2002).