Denial Notice
Denial Notice
Denial Notice
DECISION
This notice refers to your Form I-765, Application for Employment Authorization, filed on January
24, 2024, in which you are requesting employment authorization and/or an employment authorization
document pursuant to Title 8, Code of Federal Regulations (8 CFR) § 274a.12(c)(8). Upon
consideration, it is ordered that your application be denied for the following reason(s):
An alien who has filed a complete application for asylum or withholding of deportation or
removal pursuant to 8 CFR part 208, whose application:
(i) Has not been decided, and who is eligible to apply for employment authorization
under § 208.7 of this chapter because the 150-day period set forth in that section has
expired. Employment authorization may be granted according to the provisions of §
208.7 of this chapter in increments to be determined by [USCIS] and shall expire on a
specified date; or
(ii) Has been recommended for approval, but who has not yet received a grant of
asylum or withholding or deportation or removal.
USCIS records indicate that your Form I-589, Application for Asylum and for Withholding of
Removal, was lodged or filed on May 4, 2023. Your removal proceedings were dismissed on January
24, 2024, by the Immigration Judge. Your request for asylum is no longer pending with the
Immigration Court, nor is there evidence that your removal proceedings have been reopened or that
you have a Form I-589 pending with a USCIS asylum office.
Therefore, the request for asylum is not considered pending. You are not eligible to receive
employment authorization pursuant to 8 CFR § 274a.12(c)(8), and your Form I-765 is denied.
Service Centers must rely on electronic records. These records can only be entered and/or changed by
an Asylum Office or the Immigration Court. If you believe USCIS records are incorrect, you must
contact the Asylum Office or Immigration Court where your Form I-589 is being processed.
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USCIS encourages you to sign up for a USCIS online account. To learn more about creating an account and the benefits, go to https://www.uscis.gov/file-online.
This decision is without prejudice to consideration of subsequent applications for employment
authorization filed with United States Citizenship and Immigration Services.
This decision may not be appealed. However, if you disagree with this decision, or if you have
additional evidence that shows this decision is incorrect, you may submit a motion to reopen or a
motion to reconsider by completing a Form I-290B, Notice of Appeal or Motion. A motion to reopen
must state the new facts to be considered and must be supported by affidavits or other new
documentary evidence. A motion to reconsider must show that the decision was legally incorrect
according to statute, regulation, and/or precedent decision.
The motion must be filed within 33 days from the date of this notice. You must send your completed
Form I-290B and supporting documentation with the appropriate filing fee to:
USCIS 290B
PO Box 21100
Phoenix AZ 85036
To obtain the Form I-290B, visit www.uscis.gov/forms. For the latest information on filing location,
fee, and other requirements, refer to the Form I-290B instructions; review 8 CFR § 103.3 or § 103.5;
call our National Customer Service Center at 1-800-375-5283; or visit your local USCIS office.
Sincerely,
L. Miller
Director
Officer: EX0770
NSCI765NSCI76000028409249 2 of 2 www.uscis.gov
USCIS encourages you to sign up for a USCIS online account. To learn more about creating an account and the benefits, go to https://www.uscis.gov/file-online.
U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
March 18, 2024 P.O. Box 82521
Lincoln, NE 68501-2521
DECISION
This notice refers to your Form I-765, Application for Employment Authorization, filed on January
24, 2024, in which you are requesting employment authorization and/or an employment authorization
document pursuant to Title 8, Code of Federal Regulations (8 CFR) § 274a.12(c)(8). Upon
consideration, it is ordered that your application be denied for the following reason(s):
An alien who has filed a complete application for asylum or withholding of deportation or
removal pursuant to 8 CFR part 208, whose application:
(i) Has not been decided, and who is eligible to apply for employment authorization
under § 208.7 of this chapter because the 150-day period set forth in that section has
expired. Employment authorization may be granted according to the provisions of §
208.7 of this chapter in increments to be determined by [USCIS] and shall expire on a
specified date; or
(ii) Has been recommended for approval, but who has not yet received a grant of
asylum or withholding or deportation or removal.
USCIS records indicate that your Form I-589, Application for Asylum and for Withholding of
Removal, was lodged or filed on May 4, 2023. Your removal proceedings were dismissed on January
24, 2024, by the Immigration Judge. Your request for asylum is no longer pending with the
Immigration Court, nor is there evidence that your removal proceedings have been reopened or that
you have a Form I-589 pending with a USCIS asylum office.
Therefore, the request for asylum is not considered pending. You are not eligible to receive
employment authorization pursuant to 8 CFR § 274a.12(c)(8), and your Form I-765 is denied.
Service Centers must rely on electronic records. These records can only be entered and/or changed by
an Asylum Office or the Immigration Court. If you believe USCIS records are incorrect, you must
contact the Asylum Office or Immigration Court where your Form I-589 is being processed.
USCIS encourages you to sign up for a USCIS online account. To learn more about creating an account and the benefits, go to https://www.uscis.gov/file-online.
This decision is without prejudice to consideration of subsequent applications for employment
authorization filed with United States Citizenship and Immigration Services.
This decision may not be appealed. However, if you disagree with this decision, or if you have
additional evidence that shows this decision is incorrect, you may submit a motion to reopen or a
motion to reconsider by completing a Form I-290B, Notice of Appeal or Motion. A motion to reopen
must state the new facts to be considered and must be supported by affidavits or other new
documentary evidence. A motion to reconsider must show that the decision was legally incorrect
according to statute, regulation, and/or precedent decision.
The motion must be filed within 33 days from the date of this notice. You must send your completed
Form I-290B and supporting documentation with the appropriate filing fee to:
USCIS 290B
PO Box 21100
Phoenix AZ 85036
To obtain the Form I-290B, visit www.uscis.gov/forms. For the latest information on filing location,
fee, and other requirements, refer to the Form I-290B instructions; review 8 CFR § 103.3 or § 103.5;
call our National Customer Service Center at 1-800-375-5283; or visit your local USCIS office.
Sincerely,
L. Miller
Director
Officer: EX0770
USCIS encourages you to sign up for a USCIS online account. To learn more about creating an account and the benefits, go to https://www.uscis.gov/file-online.