The Department of Homeland Security published a proposed rule on February 23, 2026 that would fundamentally reshape how asylum seekers in the United States obtain work authorization. Titled "Employment Authorization Reform for Asylum Applicants," the rule proposes the most significant restrictions on asylum-based work permits in recent memory.
The public comment period runs through April 24, 2026. If finalized in anything close to its current form, the rule could effectively bar new asylum applicants from obtaining work permits for years — or potentially decades.
Key Takeaway
The proposed rule would double the EAD waiting period from 180 to 365 days, introduce a pause mechanism tied to asylum processing times that DHS estimates could last 14 to 173 years, and make work permit approval discretionary rather than mandatory. Existing valid work permits are not immediately affected.
Three Major Changes
1. Doubled Waiting Period
Under current rules, asylum seekers can apply for an Employment Authorization Document (EAD) 150 days after USCIS receives their asylum application, with the permit eligible for issuance after 180 days. The proposed rule would extend the waiting period to 365 days before an asylum applicant can even apply for a work permit.
Combined with a new 180-day processing window (expanded from 30 days), asylum seekers could wait up to 18 months before receiving work authorization — even in the most favorable scenario.
2. Processing-Time-Based Pause
The most consequential provision would automatically pause the acceptance of new initial work permit applications whenever the average processing time for affirmative asylum cases exceeds 180 days. As of early 2026, the average processing time for asylum cases exceeds 1,200 days — far above the threshold.
DHS has acknowledged in the rule that under current backlog conditions, the pause could last between 14 and 173 years before processing times drop enough to resume accepting new work permit applications. With 1.4 million pending affirmative asylum claims, this provision would effectively create an indefinite moratorium on new asylum-based EADs.
3. Expanded Discretionary Denial Authority
The rule would shift EAD adjudication from a largely mandatory process to a discretionary one. USCIS officers would gain authority to deny work permits on a case-by-case basis, including for applicants who entered without inspection, failed to report to immigration authorities within a short time after entry, missed the one-year asylum filing deadline, or have certain criminal history.
Impact on Existing Work Permits
The proposed rule indicates that existing valid work permits would not be immediately invalidated. Current EADs remain valid until their expiration date. However, renewals would require new biometric submissions and would be subject to the expanded discretionary review process.
Work permits issued after December 4, 2025 are already limited to 18-month validity, down from five years. This means more frequent renewal cycles — each subject to the new, more restrictive framework.
Stated Goals and Criticism
DHS stated the rule is designed to deter filing of frivolous or fraudulent asylum claims motivated primarily by obtaining work authorization. The agency noted that approximately 1.45 million affirmative asylum claims are currently pending — a historic high — and that the current system incentivizes meritless filings.
Critics argue the rule would remove a lifeline for asylum seekers who need to support themselves during years-long legal proceedings, drive workers into informal labor markets, reduce tax revenue, and worsen labor shortages in industries that rely heavily on asylum-eligible workers. Approximately 2.3 million adults currently work legally while their asylum cases are pending.
What to Do Before April 24, 2026
If you have a pending asylum case and have not yet applied for a work permit, consider filing as soon as you are eligible under current rules. The proposed rule is not yet in effect, and applications filed before a final rule takes effect would generally be processed under existing regulations.
Employers who rely on asylum-eligible workers should consider submitting public comments for the record detailing the business impact of restricting work authorization. The comment period closes April 24, 2026, and comments should reference DHS Docket No. USCIS-2025-0370.