8 CFR §208.7

1. (a)Application and approval.
   1. (1)Subject to the restrictions contained in sections 208(d) and 236(a) of the Act, an applicant for asylum who is not an aggravated felon shall be eligible pursuant to 8 CFR 274a.12(c)(8) and 274a.13(a) to request employment authorization subject to the following conditions:
      1. (i)Except in the case of an alien whose asylum application has been recommended for approval, or in the case of an alien who filed an asylum application prior to January 4, 1995, the application shall be submitted no earlier than 150 days after the date on which a complete asylum application submitted in accordance with §§ 208.3 and 208.4 has been received. The 150-day period will not start if the asylum application is rejected as incomplete in accordance with § 208.3(c)(3).
      2. (ii)In the case of an applicant whose asylum application has been recommended for approval, the applicant may apply for employment authorization when he or she receives notice of the recommended approval.
      3. (iii)USCIS will reject an application for employment authorization submitted by an applicant whose asylum application has been denied or rejected.
      4. (iv)If an asylum application is denied or rejected prior to a decision on a pending application for employment authorization, the application for employment authorization shall be denied.
   2. (2)The time periods within which the alien may not apply for employment authorization and within which USCIS must respond to any such application and within which the asylum application must be adjudicated pursuant to section 208(d)(5)(A)(iii) of the Act shall begin when the alien has filed a complete asylum application in accordance with §§ 208.3 and 208.4. Any delay requested or caused by the applicant shall not be counted as part of these time periods, including delays caused by failure without good cause to follow the requirements for fingerprint processing. Such time periods shall also be extended by the equivalent of the time between issuance of a request for evidence pursuant to § 103.2(b)(8) of this chapter and the receipt of the applicant's response to such request.
   3. (3)The provisions of paragraphs (a)(1) and (a)(2) of this section apply to applications for asylum filed on or after January 4, 1995.
   4. (4)Employment authorization pursuant to § 274a.12(c)(8) of this chapter may not be granted to an alien who fails to appear for a scheduled interview before an asylum officer or a hearing before an immigration judge, unless the applicant demonstrates that the failure to appear was the result of exceptional circumstances.
2. (b)Renewal and termination. Employment authorization shall be renewable, in increments to be determined by USCIS, for the continuous period of time necessary for the asylum officer or immigration judge to decide the asylum application and, if necessary, for completion of any administrative or judicial review.
   1. (1)If the asylum application is denied or rejected by USCIS, the employment authorization shall terminate immediately. This termination does not apply where USCIS refers the asylum application to an immigration judge pursuant to § 208.14(c)(1) or (c)(4).
   2. (2)If the asylum application is denied or rejected by an immigration judge, the employment authorization shall terminate immediately on the date that is 30 days after the date on which an immigration judge denies or rejects an asylum application, unless the alien submits an appeal to the Board of Immigration Appeals as provided by 8 CFR 1003.38.
   3. (3)If Board of Immigration Appeals denies an appeal of a denial or rejection of an asylum application, employment authorization shall terminate immediately.
3. (c)Supporting evidence for renewal of employment authorization. In order for employment authorization to be renewed under this section, the alien must request employment authorization in accordance with the form instructions. USCIS may require that an alien establish that he or she has continued to pursue an asylum application before an immigration judge or sought administrative or judicial review. For purposes of employment authorization, pursuit of an asylum application is established by presenting one of the following, depending on the stage of the alien's immigration proceedings:
   1. (1)If the alien's case is pending in proceedings before the immigration judge, and the alien wishes to continue to pursue his or her asylum application, a copy of any asylum denial, referral notice, or charging document placing the alien in such proceedings;
   2. (2)If the immigration judge has denied asylum, a copy of the document issued by the Board of Immigration Appeals to show that a timely appeal has been filed from a denial of the asylum application by the immigration judge; or
   3. (3)If the Board of Immigration Appeals has dismissed the alien's appeal of a denial of asylum, or sustained an appeal by the Service of a grant of asylum, a copy of the petition for judicial review or for habeas corpus pursuant to section 242 of the Act, date stamped by the appropriate court.
4. (d)In order for employment authorization to be renewed before its expiration, the application for renewal must be received by the Service 90 days prior to expiration of the employment authorization.