About the Asylum Seeker Work Authorization Act

What Does it Do?

The Asylum Seeker Work Authorization Act would bolster the workforce by allowing people who have pending asylum applications in the United States to access work permits sooner. It would:

• Reduce the time asylum seekers need to wait for work permits from 180 days to 30 days 

• Make asylum seekers’ work permits continuously valid through the entire asylum adjudication process rather than needing to be renewed. 

Why is it Needed?

Only Congress can reduce the time asylum seekers have to wait to be issued work permits. The Biden administration has taken steps that allow some newcomers to apply for work authorization. But, until Congress passes legislation, asylum seekers need to wait at least six months before being able to work legally. While they wait, employers continue to struggle to find workers, families cannot support themselves, and local communities use public resources unnecessarily. The Asylum Seeker Work Authorization Act is a focused, common sense bill that is a key part of much needed reforms of U.S. asylum and immigration policy.

Why do Asylum Seekers Face Delays Getting Authorization to Work Legally in the United States?

Nearly 30 years ago, Congress enacted a law forcing asylum seekers to wait at least 180 days after filing their asylum applications before being able to get their first work permit. Arcane procedures and government processing backlogs mean many asylum seekers are sidelined from the workforce for even longer than that.

Are Asylum Seekers Legally in the United States Before They Get Their Work Permits?

Yes. Asylum seekers are  authorized to be in the United States. They are in a legal process from the moment the government accepts their application through the moment of receiving a final decision in their cases. However, despite being legally here, asylum seekers must wait at least 180 days for a work permit.

How Does the ASWAA Compare to Similar Bills in Congress Now?

The House Asylum Seeker Work Authorization Act is both more practical and comprehensive than related bills in both the House and Senate: it covers the entire asylum seeker population and makes asylum seeker work permits continuously valid through the entire years-long asylum adjudication process, thus eliminating administratively burdensome work permit renewal applications. 

Who Supports It?

H.R. 1325 is co-sponsored by a bipartisan group of lawmakers, and supported by national and state business leaders, faith leaders and immigration advocates alike. The U.S. Chamber of Commerce, the National Retail Federation (NRF), the Maine State Chamber of Commerce, the Portland Regional Chamber of Commerce, and the American Business Immigration Coalition (ABIC) have all been vocal about their support.