Employment authorization
Division B — Immigration Enforcement and Foreign Affairs › Title I — Asylum Reform and Border Protection
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Paragraph (2) of section 208(d) of the Immigration and Nationality Act (8 U.S.C. 1158(d)) is amended to read as follows: (2) Employment authorization (A) Authorization permitted An applicant for asylum is not entitled to employment authorization, but such authorization may be provided under regulation by the Secretary of Homeland Security. An applicant who is not otherwise eligible for employment authorization shall not be granted such authorization prior to the date that is 180 days after the date of filing of the application for asylum. (B) Termination Each grant of employment authorization under subparagraph (A), and any renewal or extension thereof, shall be valid for a period of 6 months, except that such authorization, renewal, or extension shall terminate prior to the end of such 6-month period as follows: (i) Immediately following the denial of an asylum application by an asylum officer, unless the case is referred to an immigration judge. (ii) 30 days after the date on which an immigration judge denies an asylum application, unless the alien timely appeals to the Board of Immigration Appeals. (iii) Immediately following the denial by the Board of Immigration Appeals of an appeal of a denial of an asylum application. (C) Renewal The Secretary of Homeland Security may not grant, renew, or extend employment authorization to an alien if the alien was previously granted employment authorization under subparagraph (A), and the employment authorization was terminated pursuant to a circumstance described in subparagraph (B)(i), (ii), or (iii), unless a Federal court of appeals remands the alien’s case to the Board of Immigration Appeals. (D) Ineligibility The Secretary of Homeland Security may not grant employment authorization to an alien under this paragraph if the alien— (i) is ineligible for asylum under subsection (b)(2)(A); or (ii) entered or attempted to enter the United States at a place and time other than lawfully through a United States port of entry..