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USCIS, Dec. 7, 2021
"On June 22, 2020, USCIS issued a final rule that eliminated the provision that initial (first) employment authorization applications based on a pending asylum application should be adjudicated within 30 days. This rule went into effect on Aug. 21, 2020. In most cases, USCIS is no longer required to adjudicate initial employment authorization applications based on a pending asylum application within 30 days for individuals who applied after Aug. 21, 2020.
However, for certain applications, USCIS may still need to adjudicate initial employment authorization applications within 30 days. This is the case for members of the class action in Rosario v. USCIS, Case No. C15-0813JLR (W.D. Wash. July 26, 2018). You may be a Rosario class member if:
To determine whether the limited injunctive relief in the CASA litigation applies to you, please see Preliminary Injunction Impacting CASA and ASAP Members on our Form I-765 webpage.
The 30-day accrual period refers to the time during which your Form I-765 is pending and is defined at 8 C.F.R. §§ 103.2(b)(10)(i), 208.7(a)(2), (a)(4). Certain actions may pause this accrual period:
Note: if you do not go to a scheduled interview with an asylum officer or a hearing before an immigration judge, USCIS will not grant your employment authorization unless you demonstrate that your failure to appear was the result of exceptional circumstances.
If you are a Rosario class member and you have not received a response on your Form I-765 after it has been pending for 25 days under the applicable regulations, you should check your case status and determine whether we have already made a decision on your case or whether some other action has paused the accrual period.
If we have not yet a made a decision on your case after it has been pending for 25 days, you may submit an inquiry to get additional information through the USCIS eRequest Self Service Tool online or by calling the USCIS Contact Center.
To submit an inquiry through the USCIS eRequest Self Service Tool:
Go to the eRequest website, select the “Case outside normal processing time” function, and complete all applicable fields:
Form Sub Type: select “I765 – Based on a pending asylum application [(c)(8)] and member of Rosario/CASA/ASAP”
Date Field (MM/DD/YYYY)
Applicant or Petitioner Information
Last Action Taken on Case
Your email address (in order to receive a response from USCIS and a confirmation of the request)
Please note that the USCIS eRequest page will create a service request number only if your case has been pending for 25 days under applicable regulations.
To submit an inquiry through the USCIS Contact Center:
Call the USCIS Contact Center at 800-375-5283. You will need to provide:
When you call the USCIS Contact Center, make sure to write down the date you call and any service request number that the USCIS Contact Center creates for you.
After you submit an inquiry:
If you do not receive a response to your eRequest submission within 8 business days, or if you do not receive a response to your Form I-765 within 8 business days of calling the USCIS Contact Center to create a service request, you should check your case status.
If we have not taken any action on your case, you may then email the USCIS Texas Service Center (TSC) Class Action address, firstname.lastname@example.org, for further assistance. When you email, you must:
Please do not include any personal information other than what we request above. Emails may not be secure, so we suggest that you do not email us sensitive personally identifiable information, such as your Social Security number or A-Number.
Please note that you should not email the USCIS TSC Class Action address unless you previously called the USCIS Contact Center or submitted an online request through the USCIS eRequest: Outside Normal Processing Time webpage. Additionally, we will not use the USCIS TSC Class Action email address to address any communication that is not related to Rosario v. USCIS or that does not include all necessary information."