DHS Proposes 365-Day Wait to Apply for Asylum Work Permits

The Department of Homeland Security proposed making asylum applicants wait 365 calendar days before applying for an initial work permit, up from the current 180-day wait. The proposal, issued February 23, 2026, covers people seeking an employment authorization document based on a pending asylum application.

Both affirmative and defensive asylum applicants could be affected. This is a proposed rule, not a final regulation, and DHS has not set an effective date.

Applicants can follow docket USCIS-2025-0370 on regulations.gov. The agency offers email alerts there.

The current filing threshold and the separate asylum clock are not the same. Under current practice, applicants may apply after 180 days; the proposal would extend the wait to 365 days. The proposal would start its longer wait when USCIS receives a complete asylum application.

It would also extend the proposed processing period for initial applications from 30 days to 180 days. Filing eligibility would not itself grant permission to work.

The processing-time trigger could halt initial applications

A separate trigger could prevent applicants from filing even after reaching the waiting-period threshold. The proposal would pause acceptance of initial (c)(8) applications if the 90-day average processing time for affirmative asylum adjudications exceeds 180 days.

USCIS would resume acceptance once that average fell to 180 days or less. Although the calculation uses affirmative cases, the pause would reach both affirmative and defensive applicants. Renewals would still be accepted.

The agency anticipates a potentially lengthy initial pause. Its estimate said reaching the 180-day processing threshold could take between 14 and 173 years. That illustrative estimate did not account for the effects of other proposed changes.

The 365-day wait and pause would apply only to initial applications filed on or after a final rule’s effective date. The proposal also distinguishes pending cases and current permit holders:

• Initial applications already pending: Applications filed before the effective date would remain under existing provisions.
• Current permit holders: Existing EADs generally would remain valid until expiration, unless terminated or revoked under applicable rules.
• Renewal applicants: Renewals filed after the effective date would face applicable new provisions, including biometrics. The initial-application pause would not stop renewal acceptance.

The proposal would also require biometrics from all (c)(8) applicants, including people seeking renewals. The extended waiting period, processing timeframe and pause would apply only to initial applications.

DHS cites security concerns as opponents warn of hardship

DHS says the changes would protect program integrity and national security and reduce pressure on agency resources. The department also recognizes that asylum applicants, employers, and state and local communities rely on the current system. It acknowledges that additional delays could cause hardship for meritorious applicants.

The rule estimates that asylum seekers’ lost compensation could range from $34.6 billion to $126.6 billion annually. Maryland Attorney General Anthony G. Brown cited the upper end of that estimate in opposing the proposal.

Brown joined a multistate comment letter on April 27, 2026. He argued the measure would “effectively pause EAD application processing indefinitely.” Human Rights First also urged DHS to withdraw the proposal, calling it “another draconian attempt to punish people seeking asylum and prevent them from working to support themselves and their families.”

The public comment deadline was April 24, 2026. The objections followed three days later.

Applicants and employers can monitor the regulations.gov docket, USCIS-2025-0370, for further action and sign up there for email alerts about a final rule.