A senior woman volunteer helping Ukrainian woman to fill in forms at asylum centre.
There are a large number of immigrants in the United States who are applying for asylum. In these cases, immigrants request protection against deportation because of the likelihood that they will face persecution when they return to their home countries. When immigrants apply for asylum, they may also apply for employment authorization, which will allow them to work for employers in the United States and support themselves while their cases move through the system. However, a new rule that may be put in place by the Department of Homeland Security (DHS) could make it more difficult for immigrants in these situations to obtain work permits.
On February 23, 2026, the DHS published a Notice of Proposed Rulemaking that involved a number of changes to the ways applications for employment authorization may be handled for immigrants who have applied for asylum. This rule would significantly extend waiting periods and add new restrictions, affecting many immigrants’ ability to work legally in the United States.
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Current Rules for Asylum Work Permits
Under existing regulations, a person who has filed an asylum application may apply for an Employment Authorization Document (EAD) after waiting 150 days from the date their application was filed. An additional 30-day waiting period will apply before an EAD will be issued. This waiting period is often referred to as the “180-day asylum EAD clock.”
This system is meant to provide asylum seekers with the ability to maintain financial stability and meet the needs of themselves and their families while their cases are pending. Due to backlogs in the immigration system, asylum applications may take multiple years to process, and people who receive work permits can find employment while waiting for approval.
Changes to Asylum Work Permits Proposed Under the New Rule
The proposed rule would affect asylum work permits in multiple ways, including:
- Extended Waiting Period: The proposed rule would increase the waiting period before a person may apply for a work permit from 150 days to 365 days after an asylum application is filed.
- Possible Pause on New Applications: Under the rule, U.S. Citizenship and Immigration Services (USCIS) would be prohibited from accepting initial work permit applications entirely during any period in which the average processing time for asylum applications is longer than 180 days. As of fiscal year 2024, the average time needed to process asylum applications was more than 22 months. Based on these figures, the new rule would likely prevent a large share of asylum seekers from receiving work permits.
- More Reasons for Denials: Previously, asylum seekers who met the proper criteria would receive automatic approval for employment authorization. Under the new rule, immigration officials would be able to deny applications at their discretion. They may do so for reasons such as missing appointments for asylum interviews.
- New Eligibility Restrictions: The rule would add a number of factors that could disqualify applicants from eligibility for employment authorization, including taking too long to apply for asylum after entering the U.S., allegations of serious crimes committed in other countries, or entering the United States without passing through a port of entry. This could limit the ability of many immigrants to obtain work permits.
Reasons for the Proposed Work Permit Rules
The Department of Homeland Security has stated that the proposed changes are meant to reduce meritless or fraudulent asylum filings and to ease the burden on the immigration system. However, critics of the proposal have argued that the rule would leave hundreds of thousands of people without any lawful way to support themselves for years while their asylum claims are pending.
Current Status of the Proposed Rule for Asylum Work Permits
As of September 2026, the proposed rule has not been finalized and is not yet in effect. The Department of Homeland Security is currently reviewing public comments and determining what changes may be made before the final version of the rule may take effect. If the rule is put in place, it is likely to be challenged in federal courts. While some or all of the proposed changes may eventually be put in place, immigrants who have applied for asylum and are seeking employment authorization will be able to follow the current procedures.
Steps to Consider When Applying for Asylum and Employment Authorization
While the rules for asylum work permits may change in the future, people who are currently involved in asylum cases may be able to take steps to ensure that they meet all of their legal requirements. An immigration lawyer can provide guidance on the ways immigrants can address these concerns, including:
Tracking Filing Deadlines: The date an asylum application is filed will determine when a person will be able to apply for employment authorization.
- Filing Renewals on Time: A person who previously received a work permit may take steps to file a renewal before their current authorization expires. This can ensure that they will be able to maintain work authorization while their renewal is being processed.
- Keeping Records: By retaining copies of asylum filings, notices, and work permits, a person will be able to demonstrate that they have met all of their legal requirements.
- Remaining Informed: An attorney can help ensure that a person will be able to address any rule changes or other issues that could affect applications for asylum or work permits.
Legal Help From an Asylum Attorney
The rules, deadlines, and other issues that may affect applications for asylum and employment authorization can be confusing. A person who wants to make sure they will be able to remain in the United States and support their family can work with an immigration lawyer to follow the correct steps when filing applications and meeting other legal requirements. An attorney can help a person understand how new rules might affect their application, and they can make sure immigrants will be able to present strong claims for asylum while maintaining financial stability as they live in the United States.
