USCIS Releases Revised Forms I-589 and I-765

The United States Citizenship and Immigration Services has released updated versions of two key immigration forms: the I-589 and the I-765. These changes come as the result of the U.S. District Court for the District of Columbia ruling in Asylumworks et al. v. Mayorkas et al., in which plaintiffs challenged two rules that restricted work authorization for asylum seekers. As a result, the USCIS has stopped applying the June 22, 2020 final rule, Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications, and the June 26, 2020 final rule, Asylum Application, Interview, and Employment Authorization for Applicants, to asylum applicants.

After the District Court for the District of Columbia announced their ruling, Richard Caldarone, senior litigation counsel at the Tahirih Justice Center said, “This decision restores the critical ability of countless survivors of gender-based violence to work, and thus be independent and provide for their families, while their asylum applications are pending.”

What Are Forms I-589 and I-765?

Forms I-589 and I-765 are key documents needed for those seeking entry into the United States. Form I-589, Application for Asylum and for Withholding of Removal, may be used to apply for asylum in the United States, as well as for withholding of removal (formerly known as withholding of deportation). I-765, Application for Employment Authorization, may be used by certain noncitizens in the U.S. to request an Employment Authorization Document (EAD). 

According to the USCIS, only the 07/26/22 editions of the forms will be accepted effective November 7th, 2022. Until that time, either edition of the form can be submitted; it is worth noting, however, that the old forms contain various instructions that have been made obsolete as a result of the Asylumworks case.