Sec. 4303. Employment authorization for asylum seekers and other individuals
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/bill/117/hr/1177/ih/section-4303·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 208(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(2) ) is amended to read as follows: The Secretary of Homeland Security shall authorize employment for an applicant for asylum who is not in detention and whose application for asylum has not been determined to be frivolous. An applicant for asylum (unless otherwise eligible for employment authorization) shall not be granted employment authorization under this paragraph until the end of a period of days determined by the Secretary of Homeland Security by regulation, but which shall not exceed 180 days, after the filing of the application for asylum.
For purposes of this subparagraph, an application for asylum shall be considered to be filed on the date on which the applicant submits the application to the Secretary of Homeland Security or the Attorney General, as applicable. Employment authorization for an applicant for asylum shall be valid until the date on which there is a final denial of the asylum application, including any administrative or judicial review. . Section 241(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1231(b)(3) ) is amended by adding at the end the following:
The Secretary of Homeland Security shall authorize employment for a noncitizen who is not in detention and who has been granted— withholding of removal under this paragraph; or withholding or deferral of removal under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. Employment authorization for a noncitizen described in clause
(i)shall be— valid for a period of 2 years; and renewable for additional 2-year periods for the duration of such withholding or deferral of removal status. . The Secretary of Homeland Security shall authorize employment for a noncitizen who is not in detention, and whose application for withholding of removal under this paragraph or withholding or deferral of removal under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, has not been determined to be frivolous. A noncitizen described in subclause
(I)shall not be granted employment authorization under this clause until the end of a period of days determined by the Secretary of Homeland Security by regulation, but which shall not exceed 180 days, after the filing of an application described in such subclause. For purposes of this clause, an application under subclause
(I)shall be considered to be filed on the date on which the applicant submits the application to the Attorney General. Employment authorization for a noncitizen described in subclause
(I)shall be valid until the date on which there is a final denial of the application under subclause (I), including any administrative or judicial review. .
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