Brief overview of the Asylum Clock - how it works, when it starts and stops, and how it affects eligibility for employment authorization.

1. The Asylum Clock &
Employment Authorization
by Marshall H. Hong, J.D.
www.Hong-Immigration.com
www.ImmigrationInfoSite.com

2. (Disclaimer)
This presentation is intended only as an overview of the Asylum
Clock and its relevance to Employment Authorization eligibility.
The information presented is based on EOIR Memorandum
dated November 15, 2011, setting forth policy and procedure to
be followed by the Immigration Court.
If you have questions regarding your particular situation, you
should consult with a qualified immigration attorney.
At the conclusion of this slideshow you will find contact
information for the author – please feel free to contact the
author if you have specific questions or would like additional
information on this topic.

3. Some Definitions & Acronyms
The following terms will be used in this presentation:
DHS – Department of Homeland Security (may also used
to refer to the government’s attorneys in a Removal
Proceeding)
EOIR – Executive Office for Immigration Review (the
Immigration Court is a part of the EOIR)
IJ – Immigration Judge
USCIS – U.S. Citizenship and Immigration Services
The terms “Applicant” and “Respondent” may be used
interchangeably

4. What is the Asylum Clock?
The “asylum clock” measures the length of time that an
asylum application has been pending, tracking the
number of days elapsed beginning on the date a
completed asylum application is properly filed, but not
including delays caused by the asylum applicant.
please note this presentation will not discuss general
principles of asylum or removal (deportation) – please
look for articles on asylum, removal, & related topics
at:
www.ImmigrationInfoSite.com

5. Eligibility for Employment
Authorization
In general, once an individual files an application for
asylum with U.S. Citizenship and Immigration Services,
the government’s goal is to issue a decision on the
application within 180 days after the date on which the
application was filed.
In the event the application remains pending for more
than 180 days after it was filed, an applicant may be
eligible for employment authorization – except that
“any delay requested or caused by the Applicant shall
not be counted as part of these time periods.”

6. Asylum Applications with USCIS or
before the Immigration Judge
An Applicant may file an “affirmative” asylum application
with USCIS or, if the individual is already in a Removal
(Deportation) Proceeding, he may file a “defensive”
asylum application with the Immigration Court, where an
Immigration Judge will adjudicate the application.
If USCIS does not approve the affirmative application, it
will refer the Applicant to Immigration Court, where the
Immigration Judge will review the application for possible
approval.

7. Starting and Stopping the
Asylum Clock
The asylum clock begins to run on the date on which
the Applicant properly files a complete asylum
application, either affirmatively with USCIS, or
defensively at the Immigration Court.
If USCIS does not approve the affirmative application,
but refers the Applicant to the Immigration Court, the
clock will continue to run, including the days during
which the application was pending with USCIS.

8. Example
An Applicant files an “affirmative” asylum application
with USCIS. The asylum clock begins to run on the date
on which the completed asylum application was
properly filed with USCIS. If the USCIS Asylum Office
refers the case to the Immigration Court after the clock
has been running for 60 days, then the Immigration
Court’s clock begins running at 60 days, on the date on
which it was referred to the Court.

9. Starting and Stopping the Clock
during Removal Proceedings
As stated above, the asylum clock will continue to run while
the case is pending before an Immigration Judge, except for
delays requested or caused by the Applicant. Therefore, each
time an Applicant appears before the Immigration Judge,
when the case is adjourned, the clock will either run or stop
depending on the reason for which the case was adjourned:
If the hearing was adjourned because of a delay requested
or caused by the Applicant, the asylum clock will stop.
If the hearing was adjourned because of a delay requested
or caused by the government attorneys or the Immigration
Judge, the clock will run until the next hearing date.

10. Fewer than 75 Days at Time of
Referral
If fewer than 75 days are on the clock as of the date on
which it is referred to the Immigration Court, the case is
treated as an “expedited asylum case”, and the Court
should complete the case within 180 days after the date
on which the application was originally filed – not
including delays requested or caused by the Applicant.
(Note: once the Applicant is referred to the Immigration
Court, he will be referred to as a “Respondent” for
purposes of the Removal Proceeding.)

11. Fewer than 75 Days at Time of
Referral (continued)
When the asylum case is treated as an “expedited asylum
case”, the Immigration Court should attempt to
adjudicate the case within 180 days. If the Applicant/
Respondent waives the expedited hearing, the delay will
be considered to have been “requested or caused by” the
Applicant, and therefore the asylum clock will stop as of
the date on which the Applicant waives the expedited
hearing. If there are fewer than 180 days on the asylum
clock on the date on which it is stopped, the Applicant will
not be eligible for employment authorization.

12. More than 75 Days at Time of
Referral
If more than 75 days are on the clock as of the date on
which it is referred to the Immigration Court, the case
will not be treated as an “expedited asylum case” and
will not be subject to the 180-day adjudication deadline.
The asylum clock will run and stop as usual.

13. Withholding of Removal & the
Convention Against Torture
If an Applicant is not eligible for Asylum (for example, where
the Applicant failed to file his application for asylum within
12 months after entering the U.S.), he may still be eligible for
Relief from Removal in the form of Withholding of Removal
or protection under the Convention Against Torture
(“CAT”)*.
In these cases, there is no asylum clock, and therefore no
eligibility for employment authorization.
for more on these topics, please visit:
www.ImmigrationInfoSite.com

14. Rescheduled Hearing Dates
Once a future hearing date has been scheduled by the
Immigration Judge, it may be cancelled and rescheduled to a
later date, either at the request of one of the parties (the
Applicant or the DHS attorneys), or by the Immigration Court
without the request of either party:
If the case is rescheduled at the request of the Applicant, the
clock will stop (or remain stopped) as of the date on which
the hearing was originally scheduled to take place.
If the case is rescheduled at the request of the DHS, or by the
Immigration Court on its own motion, the clock will begin to
run (or continue to run) as of the date on which the hearing
was originally scheduled to take place.

15. Change of Venue to Another
Immigration Court Location
Under certain circumstances, and Applicant/Respondent may file
a motion with the Immigration Court for a “Change of Venue”,
requesting that the case be transferred from an Immigration
Court in one city to an Immigration Court in a different city. If
the IJ grants the motion, then the asylum clock will stop running
(or remain stopped) from the date the motion is granted until
the next hearing (in the new location).
On the other hand, if the DHS attorneys request the Change of
Venue, and the IJ grants the motion, the asylum clock will
continue to run (or begin to run) from the date the motion is
granted until the next hearing (in the new location).

16. Cases on Appeal
Once an Immigration Judge issues a final decision on a
Respondent’s asylum application, either party may
appeal the IJ’s decision. However, the asylum clock
permanently stops once the IJ issues his or her decision.
Accordingly, if a decision is entered before 180 days
have elapsed, the Applicant will not be eligible for
employment authorization during the time the appeal is
pending.

17. Conclusion
The asylum clock will determine whether, and when, an
asylum applicant may be eligible for employment
authorization. This presentation is intended only as a
brief overview of how the asylum clock works, including
when and why it starts and stops. For a more in-depth
discussion of the asylum clock, please look for articles
and other materials on this topic at:
www.ImmigrationInfoSite.com

18. More on Refugees, Asylees, and
other Immigration Law Issues
For more information on Refugee and Asylum Law,
and related issues such as Relief from Removal and
Temporary Protected Status, please look for articles,
videos, slideshows, and other materials at:
www.ImmigrationInfoSite.com
Thank you!!

19. For More Information, visit us at:
www.ImmigrationInfoSite.com
www.Hong-Immigration.com
or contact Marshall Hong by email at:
Marshall@Hong-Immigration.com