Reform of work permits for Asylum
DHS is proposing to virtually stop issuing work permits to asylum seekers.
A document has appeared in the Federal Register and is scheduled to be published on February 23, 2026. It proposes a new rule regarding employment authorization under category (c)(8).
List of changes from “best” to worst:
1. Priority for suspicious cases.
If something suspicious is found during the EAD review, the adjudication of the I-589 is moved to a priority track.
2. New grounds for EAD denial
The ability to obtain an EAD will be excluded if:
- the asylum application was filed later than 1 year after entry; (and does not fall under exceptions)
- Criminal offenses (criminal bars)
- Illegal entry (without surrendering to officers within 48 hours)
3. Longer processing time
The time allotted to USCIS to adjudicate initial EAD requests for asylum applicants will be increased from 30 to 180 days.
4. Longer waiting period before you can file for an EAD
Currently, an asylum applicant can file for an EAD 180 days after filing the asylum application. DHS proposes increasing this period to 365 calendar days.
5. Pause STOP in accepting initial EAD applications
If the average asylum processing time exceeds 180 days for 90 days, DHS may pause acceptance of new EAD applications until the average processing time again becomes ≤180 days.
And here is the key point. For the average processing time to become 180 days or less, DHS estimates it could take from 14 to 173 YEARS.
Thus, as soon as the rule takes effect, if it remains in its current form, the acceptance of new work permit applications under category (c)(8) will be stopped. It is safe to say that asylum seekers will not be able to have the right to work until they receive a decision on asylum.
Attention! This applies both to I-589 filings submitted to USCIS and to those who filed the I-589 in court.
What about those who already have a work permit?
There is no mention of revoking current work permits. The pause in accepting applications will not affect renewal applications (renewal).
Bottom line:
The rule will be published on February 23. There will be 60 days to collect comments. Most likely, after 60 days it will take effect, possibly with minor changes.
This rule virtually does not affect those who have already applied for asylum and already have a work permit. But it fundamentally changes the system for those who applied recently or will be applying for asylum.
This rule will absolutely be challenged by lawsuits. It is possible that everyone may soon need to join advocacy organizations like ASAP again in order not to fall under the rule.
Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. Translations are provided for convenience and may contain errors or omissions. For guidance on your specific situation, always consult official sources or a qualified attorney.
