DHS Proposes Longer Wait for Asylum Seeker Work Permits

The Department of Homeland Security (DHS) has put forward a proposal that would significantly change the timeline for asylum applicants seeking to obtain work permits. Under the current system, individuals can apply for an Employment Authorization Document (EAD) after waiting 180 days with a pending asylum application. However, the proposed rule, announced in February 2026, suggests extending this waiting period to 365 calendar days. This change, if finalized, would affect both affirmative and defensive asylum applicants and could have substantial implications for individuals and the economy.

Understanding the Proposed 365-Day Wait

The core of the DHS proposal is to increase the mandatory waiting period before an asylum applicant can apply for an initial work permit. Currently, this period is 180 days. The new proposal would extend this to a full year, or 365 days, starting from the date USCIS receives a complete asylum application. This means individuals would have to wait twice as long to be eligible to apply for permission to work legally in the United States.

Additional Proposed Changes to Work Permit Processing

Beyond the extended waiting period, the proposal includes other adjustments to the work permit process for asylum seekers. One notable change is the potential extension of the processing time for initial EAD applications. The proposal suggests moving this from the current 30 days to a maximum of 180 days. This means that even after an applicant becomes eligible to apply, the time it takes for USCIS to actually process and issue the work permit could also be much longer.

Furthermore, the proposal introduces a new condition that could halt the acceptance of initial work permit applications altogether. If the average processing time for affirmative asylum cases exceeds 180 days, USCIS would temporarily stop accepting new initial (c)(8) applications. This pause would remain in effect until the average processing time drops back to 180 days or less. While this calculation is based on affirmative cases, the pause would impact both affirmative and defensive asylum applicants. However, the proposal states that renewal applications would still be accepted.

Impact on Different Applicant Groups

The proposed rule specifies how it would affect various groups of asylum applicants. Initial applications filed on or after the final rule’s effective date would be subject to the new 365-day wait and potential processing pauses. For individuals who have already filed their asylum applications before the effective date, these applications would continue to be processed under the existing rules.

Current work permit holders would generally see their existing EADs remain valid until their expiration date, unless they are terminated or revoked for other reasons. However, individuals seeking to renew their work permits after the effective date of a final rule would need to comply with the new provisions, which could include providing biometrics. Importantly, the proposed pause on accepting initial applications would not prevent the acceptance of renewal applications.

Reasons Behind the Proposal and Opposition

The Department of Homeland Security states that the proposed changes are intended to protect the integrity of the asylum system and enhance national security. They also aim to reduce the strain on agency resources. However, the department acknowledges that these changes could create hardship for asylum seekers, employers, and communities that rely on the current system. The rule itself estimates that lost compensation for asylum seekers could range from $34.6 billion to $126.6 billion annually.

These potential economic impacts have drawn significant criticism. For example, Maryland Attorney General Anthony G. Brown has argued that the measure could “effectively pause EAD application processing indefinitely.” Other organizations, like Human Rights First, have called the proposal a “draconian attempt to punish people seeking asylum.” Public comments on the proposal closed in April 2026, with opposition comments following shortly after.

Monitoring Future Developments

The proposed rule is not yet a final regulation, and DHS has not set an effective date. Applicants and other interested parties can monitor the progress of this proposal by following the USCIS docket USCIS-2025-0370 on regulations.gov. This platform also allows individuals to sign up for email alerts regarding any updates or the eventual publication of a final rule.

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