USCIS Proposes Major Changes to Asylum Work Permit Rules

USCIS Proposes Significant Changes to Asylum Work Permit Processing

The U.S. Department of Homeland Security (DHS) has put forward a proposal that could dramatically alter the process for asylum applicants seeking work permits. This potential overhaul, detailed in a February 23, 2026, Federal Register notice, introduces a substantially longer waiting period before applicants can apply for an Employment Authorization Document (EAD) and extends the time the U.S. Citizenship and Immigration Services (USCIS) has to process these applications. The changes aim to address the agency’s large caseload and security concerns, but they could lead to significant delays for individuals seeking to work legally while their asylum cases are pending.

Extended Waiting Period for Initial Applications

Under the current system, asylum applicants can typically apply for an EAD after 180 days of their asylum application being pending. The proposed rule would replace this with a mandatory 365-day waiting period. This means individuals would have to wait a full year after filing their asylum claim before they can even submit an application for a work permit. This change would apply to initial applications filed after the rule becomes final.

The proposal also removes provisions that account for delays caused by the applicant. This means that any delays on the applicant’s part will not pause the new 365-day clock. The longer timeline is intended to give USCIS more time to handle the high volume of affirmative asylum cases, conduct necessary biometric collections, and perform thorough vetting for national security, public safety, and fraud prevention.

Increased Processing Times for Work Permits

Beyond the extended waiting period, the proposal also seeks to increase the processing time for initial asylum EAD applications from the current 30 days to 180 days. This means that once an applicant is eligible to apply and has submitted their application, USCIS could take up to six months to make a decision. When combined with the proposed 365-day waiting period, this creates a potential 545-day illustration for some applicants from the time they file their asylum claim to when they might receive their work permit.

It is important to note that these new timelines would not affect renewal applications for existing work permits. Applications that are already pending when the final rule takes effect would also retain the existing 30-day processing timeframe. However, if an initial application is rejected or deemed incomplete, the applicant may have to restart the entire waiting and processing period after resubmitting.

Processing-Time Test Could Pause Application Acceptance

A significant aspect of the proposal is the introduction of a processing-time test that could lead to a pause in the acceptance of new initial asylum EAD applications. USCIS would monitor the average time it takes to adjudicate affirmative asylum cases over a consecutive 90-day period. If this average exceeds 180 days, USCIS would temporarily stop accepting new initial applications. Acceptance would only resume when the average processing time falls to 180 days or less.

USCIS anticipates that, based on current processing times, there might be an initial pause after the first 90-day review period following the rule’s effective date. This pause would impact both affirmative and defensive asylum applicants, even though the trigger is based on affirmative case processing times. During such a pause, renewal applications and requests for replacement work permits would still be accepted and processed. USCIS plans to post information about these pauses and the relevant processing times on its website.

Biometrics and Asylum Filing Compliance Requirements

The proposed changes also include new requirements for applicants. All individuals applying for an EAD, including those renewing their permits, would be required to provide biometrics at an appointment scheduled by USCIS. This measure is intended to support identity verification and screening against government databases. Furthermore, the proposal generally aims to deny work permit requests if an applicant cannot show they have complied with the one-year deadline for filing their asylum claim. Exceptions for changed or extraordinary circumstances would still be retained. These new requirements add further layers to the application process for asylum seekers.

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