EAD NOT REQUIRED
Dance00:
Here\'s the bottom line about your EAD question: In their approval letter the INS requires that Asylees apply for EAD\'s. Their policy is based on a misinterpretation of Section 208 of the Immigration and Nationality Act. More specifically Sec. 208(c)(1)(B) Employment authorization is incident to the Asylee status and need not subsequently be granted by the attorney general( meaning INS)
The American Immigration Law Foundation (AILF) is currently suing the Attorney General on that very issue. The lawsuit seeks to force the INS to amend its regulations (i.e. 8 CFR 208.7)to reflect a more accurate interpretation of the statute cited above. Furthermore, in 2001 the office for refugee resettlement as well as the Social Security Administration which are part of the Health and Human Services Department(HHS) issued the following memo:
SOCIAL SECURITY
Asylees and Refugees
Are All Asylees Authorized to Work?
Yes. All individuals granted asylum are authorized to work based on that status. An asylee does not need to show an employment authorization document as proof of employment authorization when applying for an SSN card. However, some asylees may have those documents and provide them as evidence supporting their SSN card application.
The Immigration and Naturalization Service (INS) now considers aliens granted asylum to have permanent employment authorization and requests that we treat them as permanent resident aliens. This means that when an individual granted asylum submits appropriate documentation with an SS-5, we will issue an unrestricted SSN card.
Like refugees, asylees are eligible for assistance and services from the Office of Refugee Resettlement for a limited period of time starting with the date asylum is granted. Because asylees need to be enrolled in certain programs within 31 days of the date they are granted asylum, it is important that SSA assign them SSNs and issue their SSN cards quickly.
The Executive Office for Immigration Review (EOIR), a separate office from INS, also processes requests for asylum and may grant asylum.
NOTE: This does not apply to an individual who has applied for asylum or who has been recommended for asylum.
What Document Does an Asylee Need to Show to Get an SSN Card?
When an asylee applies for an original or replacement SSN card, accept as proof of alien status any of the following:
An I-94 with a stamp showing the individual is granted asylum under section 208 of the Immigration and Nationality Act (INA). NOTE: Some I-94s issued to asylees are stamped or annotated "EMPLOYMENT AUTHORIZED," and some are not. An individual who has been granted asylum does not need an annotation on the I-94 or an employment authorization document to be issued an SSN card for work purposes.
An employment authorization document (either Form I-688B showing "274A.12(a)(5)" on the face of the card under Provision of Law or Form I-766 showing "A5" on the face of the card under Category); or
An order of an Immigration Judge granting asylum under the INA. The document must be the original decision (not a copy) printed on paper stock bearing the letterhead "United States Department of Justice, Executive Office for Immigration Review, Immigration Court" and show the city where the immigration court is located.
Bottom line, an unrestricted Social Security Card is sufficient for employment purposes---Hope this is helpful.
