DHS Proposes Major Restrictions on Work Permits for Asylum Applicants

What's Changing

The U.S. Department of Homeland Security (DHS) has published a proposed rule that would significantly restrict access to work permits — formally called Employment Authorization Documents (EADs) — for people who have applied for asylum and are waiting for a decision.

This proposal does not directly affect H-1B or F-1 visa holders. However, it has major implications for anyone in the U.S. with a pending asylum application who is seeking or renewing work authorization under the (c)(8) category.

Key Proposed Changes

1. Waiting Period Doubled: 180 Days → 365 Days

Under current rules, asylum applicants must wait 180 days after filing before they can apply for a work permit. This proposal would extend that wait to 365 calendar days — a full year. This extended clock would start on the date USCIS officially receives a complete asylum application.

This change would apply only to new (initial) EAD applications filed on or after the effective date of the final rule. People with EAD applications already pending would remain subject to the current 180-day rule.

2. EAD Applications Could Be Paused Entirely

One of the most significant proposals is a mechanism to pause all new EAD applications from asylum seekers whenever USCIS's average processing time for affirmative asylum cases exceeds 180 days — measured over any consecutive 90-day period.

DHS openly acknowledges that current asylum processing times are already well above 180 days, and estimates the pause could last anywhere from 14 to 173 years before the threshold is met, depending on how many asylum filings decrease. In practical terms, this means new asylum applicants could be unable to apply for work authorization indefinitely after this rule takes effect.

3. Processing Time for EADs Extended: 30 Days → 180 Days

Currently, USCIS is required to process asylum-based EAD applications within 30 days. The proposal would extend this deadline to 180 days for all new applications filed after the rule's effective date.

4. New Eligibility Bars

The proposal would make asylum applicants ineligible for work permits if:

• They entered the U.S. without authorization (i.e., crossed the border illegally) on or after the effective date, unless they reported to an immigration officer within 48 hours or can show good cause.
• Their asylum application was filed more than one year after arriving in the U.S., unless an exception applies.
• There is reason to believe they may be subject to criminal bars that would prevent asylum approval.
• Their asylum application was denied before or during the EAD adjudication period.

5. Biometrics Required for All Applicants

All asylum EAD applicants — including those seeking renewals — would be required to submit biometrics (fingerprints and photos). Failure to appear for a biometrics appointment would result in denial.

6. EAD Termination Rules Tightened

Work authorization would end:

• Immediately if an asylum officer denies the asylum application (unless referred to an Immigration Judge).
• 30 days after an Immigration Judge denies the application (unless the applicant appeals to the Board of Immigration Appeals).
• Immediately after the Board of Immigration Appeals denies or dismisses an appeal.

7. Derogatory Information Can Trigger Priority Asylum Review

If USCIS discovers concerning background information while processing a work permit application, it could fast-track the underlying asylum case for adjudication — potentially leading to faster denials in those cases.

Who Is NOT Immediately Affected

People who already have a valid (c)(8) EAD before the final rule takes effect can keep their work authorization until the expiration date on their current card, unless it is separately revoked.

Unaccompanied minors (UACs) are carved out from several of the new restrictions.

Timeline

• Comment deadline: April 24, 2026
• Effective date: Not yet determined — this is still a proposed rule
• This rule must go through a public comment process before it can be finalized.