The asylum clock decides when you can get a work permit while your asylum case is pending. Its official name is the 180-day Asylum EAD Clock. This page covers what starts it, what stops it, what restarts it, how to check your count, and how to ask for a correction, from the USCIS notice The 180-Day Asylum EAD Clock Notice (marked Revised 8/2026, checked October 22, 2026). For the I-765 form itself, its fees and categories, see Work permit (EAD), Form I-765. This is general information, not legal advice. Check your own case with a licensed immigration attorney or a DOJ-accredited representative.
Quick summary:
- What it counts: the days your Form I-589 has been pending with USCIS and/or an immigration court (EOIR).
- 150 and 180: you may file the I-765 under (c)(8) at 150 days; you are eligible for the work permit once the case has been pending 180 days in total.
- Delays you request or cause do not count. Missing the interview or biometrics, asking to reschedule, or not bringing a competent interpreter stops the clock.
- Check it: USCIS cases in Case Status Online (egov.uscis.gov). Court cases on EOIR’s line (800) 898-7180, Online ACIS (acis.eoir.justice.gov) or the ECAS portal.
- Wrong count? USCIS: an e-Request after checking Case Status Online. Court: write to the court administrator. Both say they respond within 25 business days, absent exceptional circumstances.
When the clock starts
| How your asylum case began | When the clock starts | Source |
|---|---|---|
| Filed first with USCIS (affirmative) | The date USCIS receives a properly filed I-589, filed as the I-589 instructions describe | USCIS clock notice |
| Filed first with an immigration court (EOIR) | The date you file a complete asylum application with the court, or the earlier date you lodged a complete application at the court window or by mail | USCIS clock notice |
| USCIS rejected the I-589 as incomplete (8 CFR 208.3(c)) | The clock does not start | USCIS clock notice |
| USCIS refers your case to an immigration court | No restart: you keep accumulating time while the case is before the judge | USCIS clock notice |
The legal basis the notice cites is 8 CFR 208.7(a)(1) for the 150-day and 180-day periods and 8 CFR 208.7(a)(2) for excluding delays you request or cause. A delay by a dependent on the same asylum application also stops the clock.
What stops and restarts the clock in a USCIS case
USCIS publishes a table of events for affirmative asylum cases. This is the same table, grouped by stage:
| Event | Effect on the 180-day clock |
|---|---|
| Before the interview | |
| You file the I-589 | The clock begins on the filing date |
| You (or a dependent on the same application) miss the biometrics appointment | Stops. Resumes when you appear for biometrics, if USCIS grants a request to reschedule |
| You ask for more time to submit documents, so the interview is rescheduled | Stops. Resumes when you appear for the rescheduled interview |
| You ask to transfer the case to another asylum office or interview location, including because you moved | Stops. Resumes when you appear for the interview at the new office |
| You submit a large volume of evidence right before the interview, so it is rescheduled | Stops. Resumes on the date you appear for the rescheduled interview |
| You ask to move the interview to a later date | Stops. Resumes when you appear for the rescheduled interview, if USCIS grants the request |
| At the interview | |
| You (or a dependent on the same application) do not appear | Stops on the interview date. You may be ineligible for a work permit unless you ask the asylum office in writing to reschedule within 10 days and show exceptional circumstances |
| You miss the interview because of a USCIS error | No effect; a running clock keeps running |
| You do not bring a competent interpreter | Stops. Resumes on the date of the next interview, if you appear |
| USCIS cancels the interview through its own fault | No effect; a running clock keeps running |
| After the interview | |
| You establish exceptional circumstances for the missed interview | The clock stopped on the day of the missed interview and resumes on the date of the rescheduled interview, if you appear |
| You do not appear to pick up a decision (when required) | Stops and does not begin again until your first hearing with an immigration judge, at the soonest |
| USCIS asks for more evidence at or after the interview | No effect; a running clock keeps running |
| USCIS approves asylum | Not applicable: an asylee is authorized to work incident to status |
| USCIS refers the I-589 to immigration court | No effect; a running clock keeps running |
| USCIS denies asylum (final denial) | Ineligible for the EAD |
| USCIS reopens the I-589 | The clock resumes on the date the case is reopened |
The notice adds that you must show exceptional circumstances to reschedule the interview at any of three points: before the interview, on the interview date, or within 10 days after it. If you establish exceptional circumstances for missing your asylum interview and you are currently in removal proceedings before an immigration judge, USCIS can reopen your asylum application and reschedule you for an interview if the immigration judge dismisses your removal proceedings.
What stops and restarts the clock in immigration court
In court, the clock turns on adjournment codes. At the end of each hearing, the immigration judge must state on the record the reason for the adjournment and may tell the parties whether the clock is running or stopped. EOIR lists every code, and its effect on the clock (Stops, Runs or Neutral), in Appendix M of the EOIR Policy Manual.
| Situation in court | Effect on the clock |
|---|---|
| The adjournment is attributed to the court or to DHS | You keep accumulating time |
| The adjournment is attributed to you | You stop accumulating time until your next hearing; the reason for the next adjournment decides whether it starts again |
| You or your attorney file a motion that delays proceedings, and the judge grants it | You may stop accumulating time between hearings. The notice’s example: if you or your attorney filed a motion for a continuance, you stop accumulating time when the judge grants it |
| The judge decides your asylum application | Accumulation stops on the decision date |
| The judge denies asylum before the clock reaches 180 days | You are not eligible for a work permit |
| You file a motion to reopen or reconsider with the BIA, or a petition for review in a U.S. Court of Appeals | Not enough by itself: the application counts as pending only if the motion or petition is granted |
| The BIA or a Court of Appeals remands the case | USCIS credits the days the case spent on appeal, and you keep accumulating time after the remand order |
If your eligibility depends on days credited after a remand, the notice asks you to send a copy of the complete remand order with your I-765. For the hearing itself, see what happens at your first immigration court hearing.
How to check your asylum clock
| Where your case is | Tool named in the notice | What it gives you |
|---|---|---|
| USCIS (affirmative asylum) | Case Status Online, egov.uscis.gov | Case status, whether the clock is stopped because of an applicant-caused delay, and the days accrued when it stopped |
| Immigration court (EOIR) | Automated Case Information System: (800) 898-7180, TDD 800-828-1120 (toll-free in the U.S.), or (304) 625-2050 (local toll call) | Certain information about your 180-day clock |
| Immigration court (EOIR) | Online ACIS, acis.eoir.justice.gov | Basic hearing and motions information, and case decisions in certain instances |
| Immigration court (EOIR) | ECAS case portal (justice.gov/eoir/ECAS) | Your case-specific Adjournment Code history |
| Immigration court, without a lawyer | EOIR court staff | A printout of your Adjournment Code history, on request |
The notice says you may rely on the number of days reported by the EOIR Automated Case Information System if you did not lodge your application with an immigration court or if your application was not remanded from the BIA for further adjudication. How to enter your A-Number on ACIS and the phone line is covered in How to check your immigration court case.
How to ask for a correction
| Where your case is | Step 1 | Step 2 | Response time stated |
|---|---|---|---|
| USCIS | Check Case Status Online | File a USCIS e-Request (egov.uscis.gov/e-request/typo) in the typographical error category, with your I-589 receipt number, choosing the sub type for challenging the 180-day clock under the Garcia Perez Settlement Agreement, and describe the error with your Case Status Online results | Within 25 business days, absent exceptional circumstances |
| Immigration court | Ask the judge at your hearing, or write to the court administrator | Use EOIR’s Find an Immigration Court tool for the court’s contact for Asylum EAD Clock requests. If the court does not fix it, write to the Assistant Chief Immigration Judge for that court | Within 25 business days, absent exceptional circumstances |
| On appeal (BIA or federal court) | Write to EOIR’s Office of the General Counsel | See EOIR’s website for clock corrections on appeal | Not stated in the notice |
The notice tells people in court not to file motions about the 180-day clock; corrections go to the court administrator.
The annual asylum fee is a separate issue
The same notice says Public Law 119-21 requires the principal applicant with a pending I-589 to pay an annual asylum fee for each calendar year the case is pending. USCIS sends a notice with the amount and how to pay; you pay online with your A-Number and the receipt number on that notice, within 30 days of receiving it. The fee cannot be waived, and USCIS cannot approve the asylum application if it is not paid. The amounts and the other asylum fees are on Asylum for Guatemalans in the US.
Related
- Work permit (EAD), Form I-765
- Asylum for Guatemalans in the US
- How to check your immigration court case
- Master calendar hearing: your first immigration court hearing
- Mayan-language interpreters in US immigration court
- Notario fraud: who can legally help with your immigration case
- All diaspora guides
Sources
- USCIS, The 180-Day Asylum EAD Clock Notice (marked Revised 8/2026), PDF: https://www.uscis.gov/sites/default/files/document/notices/Applicant-Caused-Delays-in-Adjudications-of-Asylum-Applications-and-Impact-on-Employment-Authorization.pdf (checked Oct. 22, 2026)
- EOIR Policy Manual, Appendix M, Immigration Court Adjournment Codes (as cited in the notice): https://www.justice.gov/eoir/policy-manual-eoir/part-VII/appendices/m
- EOIR Online ACIS (as cited in the notice): https://acis.eoir.justice.gov/
- EOIR ECAS (as cited in the notice): https://www.justice.gov/eoir/ECAS
Frequently Asked Questions
What is the asylum clock?
It is the 180-day Asylum EAD Clock. The USCIS notice says it measures the time your Form I-589 has been pending with USCIS and/or an immigration court (EOIR). You may file Form I-765 under category (c)(8) 150 days after you filed the asylum application, and you are eligible to receive the work permit once the application has been pending for a total of 180 days. Delays you request or cause do not count.
How do I check my asylum clock?
If your case is with USCIS (affirmative asylum), the notice points to USCIS Case Status Online (egov.uscis.gov): it shows whether the clock is stopped because of an applicant-caused delay and, if stopped, the days accrued at that point. If you are in immigration court, the notice lists the EOIR automated line at (800) 898-7180 (TDD 800-828-1120) or (304) 625-2050, the Online ACIS at acis.eoir.justice.gov, and the ECAS case portal, which includes your Adjournment Code history.
Why did my asylum clock stop?
In a USCIS case, the notice lists these events that stop the clock: missing biometrics; asking for more time to submit documents, asking to transfer the case to another asylum office or interview location (including for a change of address), or submitting a large volume of evidence right before the interview, each when it results in a rescheduled interview; asking to reschedule the interview; not appearing at the interview; not bringing a competent interpreter; and not appearing to pick up a decision when required. In immigration court, the judge determines the reason for each adjournment, and EOIR’s adjournment codes list whether that reason stops the clock, lets it run or is neutral.
Does a missed asylum interview stop the clock for good?
It stops on the date of the missed interview. The notice says you may be ineligible for a work permit unless you send the asylum office a written request to reschedule within 10 days and show exceptional circumstances. If you do, the clock resumes on the date of the rescheduled interview, if you appear.
What if I think the clock was calculated wrong?
For a USCIS case, check Case Status Online first, then file a request through the USCIS e-Request tool (egov.uscis.gov/e-request/typo) with your I-589 receipt number and the sub type for challenging the 180-day clock under the Garcia Perez Settlement Agreement. For an immigration court case, write to that court’s administrator. Each agency says it responds within 25 business days, absent exceptional circumstances. The notice says not to file motions about the clock.
Is there an asylum clock phone number?
The USCIS notice gives a phone number only for people in immigration court: the EOIR Automated Case Information System at (800) 898-7180 (TDD 800-828-1120), toll-free in the United States, or (304) 625-2050 as a local toll call. For a case pending with USCIS, the notice points to the online Case Status tool, not a phone line.
