How Long Does It Take USCIS To Process Asylum and Asylum Work Permit Applications?

Updated December 11, 2023

Asylum is an immigration status you can apply for if you’ve left your home country and fear returning. Asylum seekers can apply for asylum status and submit an application for employment authorization from the safety of the United States. An employment authorization document (EAD), which is more commonly called a work permit, allows asylees to work in the U.S.

The asylum process is relatively straightforward — you must submit Form I-589: Application for Asylum and for Withholding of Removal within one year of arriving in the U.S. In most cases, if you’ve submitted your asylum application and it hasn’t been processed within 150 days, you may submit Form I-765 to apply for an asylum work permit. Asylum does provide a pathway to U.S. citizenship. Asylum seekers can apply to become permanent residents with a green card after one year as an asylee.

Form I-589 Processing Times

Form I-589: Application for Asylum and for Withholding of Removal is the official form asylum seekers need to file with U.S. Citizenship and Immigration Services (USCIS) to get asylum status. Currently, USCIS does not provide public information on processing times for this form. 

The Asylum Seeker Advocacy Project (ASAP), which is the largest nonprofit asylum organization in the U.S., has noted frustratingly long backlogs with asylum applications and a lack of transparency with government organizations about current processing times. ASAP continues to advocate in Congress for changes to the asylum processing system in the U.S. and provides helpful current information on its website.

Form I-765 Processing Times Based on an Approved Asylum Application [category number (a)(5)]

If USCIS has approved your asylum application, you can file Form I-765 — an EAD application — to apply for an asylum work permit. You can read the full list of eligibility requirements in our Asylum Work Permit Guide. Two USCIS Service Centers process work permit applications based on approved asylum applications. 

Here are the current processing times:

Form I-765 Processing Times Based on a Pending Initial Asylum Application

If you are a first-time asylum application applying with Form I-589 and your application has been pending with USCIS for 150 days or more, you can file Form I-765 to apply for an asylum work permit. You can read the full list of eligibility requirements in our Asylum Work Permit Guide.

Two USCIS Service Centers process work permit applications based on a pending initial asylum application. Here are the current processing times:

Form I-765 Processing Times Based on a Pending Renewal or Replacement Asylum Application

Three USCIS Service Centers process work permit applications based on a renewal or replacement asylum application. Here are the current processing times:

Historical Form I-765 Processing Times Based on a Pending Asylum Application: 2018–2022

Historical processing times for asylum work authorization applications have varied significantly, according to the USCIS website. In the last five years, the average median processing time for an asylum work permit (Form I-765) was 3.4 months. You can also see that the average processing time has increased considerably in the last five years.

How Long Will My Asylum Application Take?

Several factors influence wait times, including processing delays — such as the continued backlog due to the pandemic — and staffing or budget issues at a given service center. Another important factor is which type of asylum you’re applying for.

There are three types of asylum: 

• Affirmative asylum

• Defensive asylum

• Asylum granted through a merits interview 

The type of asylum you’re seeking will also influence the total processing time for your asylum claim.

• If you aren’t involved in removal proceedings, you can file an affirmative asylum application. This requires an asylum interview and a biometrics or fingerprinting appointment at a USCIS Application Support Center. Both can add to your total processing time. 

• If you are in deportation proceedings in immigration court, your asylum application process will look a bit different. You’ll still file Form I-589, but you’ll also have to appear before an immigration judge who will decide on your asylum claim. This is called defensive asylum.

• If you pass the credible fear interview with USCIS, they may recommend a second interview called an asylum merits interview. The asylum officer who conducts the interview will determine your eligibility.

You can read more about each in our Asylum Application Guide. 

How Do I Check My Asylum Case Status?

If you’re wondering what’s happening with your asylum case, you can check your case status online using the receipt number from your application receipt notice. Our Learning Center contains several articles that can help you understand your case status.

If your application is outside normal processing times, you can contact USCIS to ask for additional information.

Note: All data in this article comes from the USICS processing times and the USCIS historic processing times page.