Can You File Standalone I-765 for Asylum or TPS During a Shutdown?

(UNITED STATES) As of October 1, 2025, people can continue to file standalone Form I-765 applications for work permits during a federal government shutdown, including those applying under asylum and Temporary Protected Status (TPS) categories. The key reason: USCIS remains open because it runs mainly on application fees rather than congressional funding, allowing it to accept and process I-765 filings even when other parts of the federal government pause.

USCIS confirmed in prior guidance that fee-funded operations continue during lapses in appropriations, and the agency has repeated that message during past funding standoffs. An official advisory explains that core services continue while some programs supported by appropriations may pause during a shutdown; fee-funded case work goes on: USCIS operations during a lapse in federal funding.

Why continued I-765 filing matters

The continued availability of the I-765 matters for tens of thousands of applicants who rely on timely work authorization to keep jobs, support families, and maintain medical insurance. For many asylum seekers, TPS holders, and students or spouses in authorized categories, a gap in employment authorization can mean immediate job loss and cascading hardships.

With USCIS still processing cases, applicants can:

• File new I-765 applications
• Renew expiring Employment Authorization Documents (EADs)
• In eligible cases, apply online for quicker processing and easier tracking

Online filing and asylum category (c)(8)

USCIS has expanded online filing in recent years, now including certain asylum-based I-765 filings. People with pending asylum cases under category (c)(8) — which covers applicants for asylum and withholding of removal — can file Form I-765 online through a USCIS account if they meet the category’s criteria.

Benefits of online filing:

• Faster submission (no paper mailing delays)
• Immediate receipt in your account
• Easier evidence uploads and case tracking

Find the official form and instructions here: Form I-765, Application for Employment Authorization.

TPS filing guidance

Work authorization is central to TPS’s stability promise. TPS applicants can:

• File Form I-765 with their initial TPS application
• File I-765 during re-registration periods
• File I-765 later if they already filed or have an approved Form I-821

USCIS provides the TPS application here: Form I-821, Application for Temporary Protected Status.

These pages include current instructions and filing addresses, which can change over time. During a shutdown, they remain the best sources for up-to-date steps and fees.

Recent policy changes and impacts

Policy shifts affect coverage and timing. For example:

• The termination of Syria’s TPS designation impacts EADs for Syrian nationals who relied on TPS-based work authorization.
• Changes like this can quickly affect communities; workers and employers should check validity dates closely and plan for renewals or alternative options.
• A USCIS memo paused certain applications from parolees, but this pause does not directly affect standalone I-765 filings for asylum or TPS categories.

Because USCIS’s fee-funded operations continue, applicants in asylum and TPS categories can keep filing as usual, including during a shutdown.

Services that may be limited during a shutdown

Some services outside USCIS may be unavailable or delayed because they rely on appropriated funds:

• E-Verify has paused during past shutdowns because it depends on congressional appropriations.
• When E-Verify is down, DHS usually issues special instructions (for example, extending time to create E-Verify cases or advising against adverse action for verification delays).

Precautions for employers and workers:

• Prepare for slower verification timelines
• Keep careful records of filings and receipts
• If E-Verify is down, complete Form I-9 as required and follow DHS guidance once the system is restored

Policy context — quick summary

• USCIS continues to accept and process I-765 filings tied to fee-supported services, including asylum (category (c)(8)) and TPS-based applications.
• Online filing remains available for certain categories, including asylum (c)(8), via a USCIS online account.
• Mailroom operations, lockboxes, and service centers keep running during a shutdown because their activities are funded by filing fees.

In contrast, programs funded by appropriations — like E-Verify and some outreach or non-fee services — may pause. Applicants should rely on official USCIS pages for the latest status rather than third-party summaries. See the USCIS alert on lapses in federal funding for details: USCIS operations during a lapse in federal funding.

Practical steps for applicants filing I-765 during a shutdown

1. Check your eligibility category.
   • Asylum applicants with pending cases typically use category (c)(8).
   • TPS categories depend on your country’s designation and instructions.
2. Use the official forms and instructions:
   • Form I-765: USCIS I-765 page
   • Form I-821: USCIS I-821 page
3. Consider online filing if eligible — it can accelerate submission and tracking.

1. Review fee requirements and fee-waiver options on the I-765 page. Fee amounts, waiver rules, and filing addresses may change.

2. File renewals early when rules allow. Some categories get automatic EAD extensions if a timely renewal is filed — check instructions by category.

3. Save copies of all submissions and keep your mailing address current with USCIS to avoid missed notices.

4. If your employer uses E-Verify and the system is down, ask HR how they’re following DHS instructions and keep proof of your filing and identity documents handy.

TPS-specific timing tips

• Follow the Federal Register notices tied to your country for re-registration windows and EAD rules.
• If an EAD auto-extension applies, read the notice carefully to understand the extension period and what employer proof is required.
• Keep a copy of the Federal Register notice alongside your expired EAD to show proof of authorization if needed.

Common pitfalls and warnings

Missing signatures, incorrect category codes, wrong fee amounts, or omitted documents can cause rejections or Requests for Evidence and add weeks or months to processing.

• Use the current form edition listed on the I-765 page.
• Follow checklists closely when filing online or by mail.
• Beware of scams: fraudulent actors may claim USCIS is closed or demand extra fees. USCIS only charges posted fees and posts updates on its official site.

Employer guidance during a shutdown

• Continue to complete Form I-9 on the usual timelines even if E-Verify is down.
• Follow DHS guidance for E-Verify outages and do not take adverse action against workers solely because of system delays.
• Maintain clear communication with workers whose documents are pending and keep copies of receipts and notices to demonstrate good-faith compliance.

Final practical advice

• File early and use correct, up-to-date forms.
• Document everything and keep copies of receipts, filings, and notices.
• Monitor the official USCIS pages for real-time updates:
  • Form I-765
  • Form I-821
  • USCIS operations during a lapse in federal funding

Keeping organized and informed helps reduce the risk of sudden job loss, housing instability, and other harms during a shutdown. If you’re from a country that recently lost or had TPS redesignated, consult a qualified legal provider about options — such as asylum or family-based avenues — that might apply to your situation.