Important Updates about Work Permits for Asylum Seekers

DHS recently proposed a new rule regarding the issuance of EADs (work authorization) for asylum seekers. This new rule contains several different proposals that would affect those applying for their initial EADs, as well as those applying to renew their EADs. 

This rule has not yet gone into effect, and it is possible that it will not go into effect, or that only certain parts of it will be implemented. However, we wanted to make sure you were aware of the proposal so that you can plan accordingly.

Please note that this information is only relevant for those who have or will be applying for work authorization pursuant to a pending asylum application. It does not affect other types of work authorization. 

Here are some of the most important changes contained in the proposed rule:

1. The 180 day waiting period for initial EAD applications will be extended to a 365 day waiting period for initial EAD applications.

2.  For initial EAD applications, the amount of time allowed for processing the application will be changed to 180 days (from 30 days).

3. The following people will be ineligible for EADs:

• In any case where “there is reason to believe” that the applicant may be barred from asylum due to a criminal bar, they will not be eligible for an EAD

  
  

• Anyone whose asylum application was denied during the 365 day waiting period or before the EAD application was processed will be ineligible for an EAD

  
  

• Anyone who filed for asylum after the one year deadline will be ineligible for an EAD unless the Asylum Office or an Immigration Judge determines that an exception to the 1 year deadline exists

  
  

• Anyone who entered illegally on or after the effective date of the final rule will be ineligible for an EAD unless that person expressed to an immigration officer within 48 hours an intention to apply for asylum or expressed fear of persecution or torture

  
  

4. The acceptance of EAD applications will be paused whenever the average processing time for affirmative asylum applications over a consecutive period of 90 day adjudications exceeds 180 days. This means that no new EAD applications will be processed until the average processing time for asylum applications over a consecutive period of 90 days is less than or equal to 180 days. This could cause a delay of many, many years until USCIS begins processing asylum applications again. 

5. All applicants for (c)(8) EADs will need to complete biometrics, including renewals. Failure to show for biometrics will lead to denial of work authorization.

What does this mean for you? 

If you recently applied for asylum, but are not yet eligible for an EAD because it has not been 150 days since you applied, talk to your attorney as soon as possible about when you will be eligible to apply.

If your EAD is going to expire in the next 18 months, please reach out to your attorney to re-apply before April 24, 2026. 

If you have any questions about this policy, please reach out to your attorney and paralegal team.