Proposed DHS Rule Would Restrict Work Authorization For Asylum Applicants

February 26, 2026

What's New

On February 23, 2026, DHS published a Notice of Proposed Rulemaking that would modify work authorization eligibility and filing rules for individuals that have asylum applications pending. The proposal would (1) extend the waiting period to apply for an initial asylum-based Employment Authorization Document (EAD) to 365 days (currently 150 days), and (2) pause acceptance of EAD applications from asylum applicants when affirmative asylum average processing times exceed 180 days.

Comments are due April 24, 2026. CWC does not intend to submit comments, but will reconsider if there is sufficient member interest.

What It Means

Employers should anticipate work authorization delays, and potentially unpredictable pauses, for new or transitioning employees who are awaiting approval of an asylum EAD application under 8 CFR 274a.12(c)(8). If the proposed rule is adopted, asylum applicants will be required to wait a minimum of 365 days after USCIS receives their complete asylum application before they can apply for an initial asylum-based EAD.

Under the proposed rule, USCIS will also “pause” such applications altogether if the average processing time for affirmative asylum applications exceeds 180 days. USCIS states that given current processing times, new EAD applications for pending asylum applicants could be paused for an extended period, possibly many years.

What You Should Do

Identify roles and employees that depend on asylum-based “c(8)” work authorization and review upcoming EAD expirations and reverification calendars. For impacted populations, consider workforce contingency planning, such as cross-training, temporary staffing, or adjusted start dates.

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