Work Authorization for Asylum Seekers: Legal Strategies and Best Practices

Flavia Santos Lloyd | Santos Lloyd Law Firm, P.C.

Flavia Santos Lloyd has been in the immigration field for over 22 years – first as a paralegal and then as an attorney. She is a Certified Specialist in Immigration and Nationality Law by the State Bar of California. Flavia is the Founder and Managing Attorney at Santos Lloyd Law Firm, PC, a firm she started in 2016. Today she leads a team of 14 attorneys and over 40 support staff. Her practice focuses on a broad spectrum of immigration matters such as family-based, employment-based, extraordinary ability cases, naturalization, adjustment of status, consular processing, asylum, removal, and complex family matters such as waivers. Her primary focus and expertise is extraordinary ability cases. As she is also passionate about teaching, she teaches subjects tested in the California Bar Exam and Immigration Law at different law schools. She also devotes her time to scholarly work by writing research papers and presenting them at national and international conferences.

Angelica Rice | Santos Lloyd Law Firm, P.C.

Angelica Rice, Esq. is a seasoned legal professional and trial attorney, whose focus has always been Immigration Law.

Angelica graduated from St. Thomas University School of Law in 2016 and passed the Florida Bar. She then went on to work as an Assistant Chief Counsel with the Department of Homeland Security ICE in Los Angeles, California, where she prosecuted cases before the Immigration Court. Angelica also worked as the Director of the Immigration Division of a boutique law firm in Miami, Florida, before joining Santos Lloyd Law Firm, P.C. where she currently serves as the Supervising Attorney and commands a team of 8 other attorneys.

Angelica’s immigration knowledge is exceedingly diverse, as she handles all types of immigration matters including family-based cases, removal cases and employment-based cases. Her primary expertise is in EB-2 National Interest Waiver cases, O-1 cases and P-1B cases, which involve particularly creative thinking and fast paced work. Angelica is a top resource for her staff and regularly provides training and expert guidance to her peers.

Angelica’s courtroom experience, coupled with her legal knowledge, has earned her the trust and respect of her clients and colleagues. It is precisely these unmatched abilities that make her uniquely qualified to handle any and all immigration matters.

I. The asylum application process and form I-589 | 1:00pm – 1:12pm

• Understanding the asylum application process
• Detailed discussion of Form I-589 (Application for Asylum and for Withholding of Removal)
• Importance of timely filing and accuracy in the application

II. Asylum-Based work authorization and form I-765 | 1:12pm – 1:24pm

• Form I-765 (Application for Employment Authorization)
• Filing for work authorization concurrently with the asylum application
• Distinction between initial applications and renewals

III. Legal framework governing work authorization | 1:24pm – 1:36pm

• The legal basis for work authorization for asylum seekers
• Relevant statutes and regulations governing EAD issuance

IV. Eligibility criteria for work authorization | 1:36pm – 1:48pm

• Who is eligible for work authorization while their asylum application is pending?
• Specific conditions that must be met to qualify for an EAD

V. Work permit restrictions and limitations | 1:48pm – 2:00pm

• Limitations on the type of employment and hours of work
• Understanding the implications of pending asylum status on work authorization

Break | 2:00pm – 2:10pm

VI. Initial work permits: Application process and timelines | 2:10pm – 2:25pm

• Process for obtaining the first EAD
• Key timelines and processing times to be aware of

VII. Work permit renewals: Guidelines and best practices | 2:25pm – 2:40pm

• Guidelines for renewing an EAD
• Important deadlines and documentation required for renewal applications

VIII. Troubleshooting common problems in EAD applications | 2:40pm – 2:55pm

• Common issues faced by asylum seekers when applying for work permits
• Strategies for addressing delays, denials, and requests for evidence (RFEs)

IX. Best practices for effective advocacy | 2:55pm – 3:10pm

• Tips for effective communication with U.S. Citizenship and Immigration Services (USCIS)
• Building a strong case for work authorization for asylum seekers