(UNITED STATES) — The DHS has issued a proposed rule to reform asylum-related employment authorization, outlining how a potential pause on new (c)(8) EADs could unfold if finalized, and what that would mean for asylum applicants and current holders.
What you’ll need before you plan around this proposal
- Your filing dates: when you filed your asylum application (and any prior asylum filings).
- Your entry details: how you entered, and whether you told officials about fear of persecution soon after entry.
- Your EAD history: whether you already have an asylum EAD, any auto-extension notices, and your card’s expiration date.
- A monitoring plan: where you will check for updates (Federal Register and USCIS).
1) Overview: what DHS proposed, and what it targets
On February 20, 2026, the Department of Homeland Security (DHS) published a notice of proposed rulemaking (NPRM) in the Federal Register focused on employment authorization for asylum applicants who seek work permits under (c)(8).
An NPRM is a draft rule. It can change eligibility standards and processing rules if it becomes final. First comes a public comment period. Then DHS can revise the draft and publish a final rule.
DHS says the proposal responds to operational strain and integrity concerns tied to high volumes of asylum applications. USCIS is cited as having 1.4 million pending asylum applications. DHS also points to delay metrics: 77% of cases are over 180 days, and nearly 40% over two years.
A central feature is a “pause” concept for new initial asylum EADs. DHS includes projections that, under certain assumptions, a pause could last 14 to 173 years. Those figures are estimates tied to backlog and throughput assumptions, not a guaranteed outcome.
Renewals are treated differently. The proposal is aimed at initial (c)(8) EADs, not renewals.
2) Key proposed changes to EAD eligibility and processing (initial vs renewals)
Use this section to sort two questions: (1) are you eligible to apply and (2) how long USCIS may take to decide.
Step 1: Check when you could file for an initial (c)(8) EAD
DHS proposes a longer wait before you may apply for an initial asylum EAD. In the draft, the wait becomes 365 days from the date you file for asylum.
That is separate from any later pause. Even without a pause, this pushes work authorization later for new applicants.
Step 2: Prepare for a longer processing window after filing
DHS also proposes expanding the EAD processing timeframe to 180 days for USCIS to decide an initial application.
In many cases, the combined effect of the proposed wait-to-file plus the proposed processing window could push the time-to-work close to 1.5 years, even before considering any pause mechanics.
Step 3: Screen for new and expanded eligibility bars
The draft rule adds or tightens bars that could make you ineligible for an initial asylum EAD, including:
- Entry-related restriction: if you entered illegally and did not notify officials of a fear of persecution within 48 hours of entry, you could be barred from EAD eligibility under the proposal.
- Prior denied asylum claims: certain prior denials could block a new initial EAD.
- Certain criminal convictions: DHS cites examples such as aggravated felonies.
- One-year asylum filing deadline issues: if you did not file within the one-year deadline and no exception applies, EAD eligibility could be barred.
These are eligibility rules, not mere slowdowns. If you are barred, extra months of waiting will not fix it.
Step 4: Know what “auto-termination upon asylum denial” would mean
The proposal would auto-terminate an asylum EAD when asylum is denied. work authorization would end based on the denial, rather than continuing until the card’s printed expiration in many cases.
That can affect job continuity, benefit eligibility tied to work authorization, and employer follow-up.
Step 5: Confirm what is not targeted
Renewals are not the focus of the proposal. Current asylum EAD holders may keep access to renewal pathways that remain in place, subject to any final rule’s transition language.
| Aspect | Current | Proposed | Impact on Applicants |
|---|---|---|---|
| When you can apply for an initial (c)(8) EAD | Shorter wait period applies today | Must wait 365 days after filing for asylum | Many new applicants could wait longer before filing for work permits |
| USCIS processing window for initial EAD | Shorter benchmark today | Up to 180 days | Even eligible applicants may wait longer after filing |
| Possible “pause” on new initial EADs | No pause mechanism tied to processing averages | Intake/issuance could be paused when asylum processing averages stay over 180 days | Work authorization could be delayed far beyond standard processing |
| Entry-related restriction | More limited today | Illegal entry plus no fear report within 48 hours can bar eligibility | Irregular entrants face higher risk of ineligibility |
| Other bars | Existing bars apply | Adds bars tied to prior denied claims, one-year deadline failures (unless an exception applies), and certain convictions like aggravated felonies | More applicants may be blocked at eligibility stage |
| EAD ends after asylum denial | EAD may remain valid until its end date in many cases | Auto-termination upon asylum denial | Sudden loss of work authorization risk increases |
| Renewals | Allowed under current rules | Not targeted by the proposal | Many current holders may still renew, depending on final transition rules |
3) Pause mechanics and USCIS backlog assessment (how it would work)
A pause is different from slow processing. Slow processing means USCIS keeps accepting and deciding cases, but takes longer. A pause means DHS could stop accepting or issuing new initial (c)(8) EADs based on performance metrics.
Under the proposal, DHS ties the pause trigger to affirmative asylum processing averages that remain over 180 days. DHS describes a 90-day checkpoint after finalization where USCIS would assess backlog and processing performance.
If a pause were triggered, the practical effect could be severe for people seeking first-time work permits through asylum:
- Filing may not lead to adjudication on a normal track, depending on how DHS structures intake versus issuance.
- Employment start dates could slide, even for otherwise eligible applicants.
- Extremely long estimates—including 14 to 173 years—are projections based on backlog assumptions and do not guarantee what will happen.
Backlog reduction is framed as the goal. For applicants, the immediate consequence is simple. Work authorization may arrive much later.
4) Implementation timeline and status (what happens next)
DHS has not changed current policy yet. The rule is a proposal.
Rulemaking usually works like this:
- DHS publishes the NPRM in the Federal Register.
- The public submits comments during a 60-90 days comment period.
- DHS reviews comments, may revise the draft, and can publish a final rule.
- Agencies then publish operational guidance, including USCIS updates.
DHS has indicated potential finalization later in 2026, but timing can shift based on comment review and revisions. Any “pause” concept would only come into play after a final rule, plus the post-finalization performance checkpoint described above.
Separate from the EAD proposal, DHS has referenced pauses affecting certain countries and asylum adjudications since December 2025. For most readers, the practical point is to treat EAD timing as uncertain in the near term, especially for new filings.
⚠️ Note: The rule is proposed, not final. Finalization depends on the public comment process and potential revisions.
5) Practical impacts on applicants and current protections (by situation)
Different groups may feel this proposal in different ways.
If you have not filed for asylum yet
Longer waits may be the headline risk. Under the proposal, you may have to wait 365 days to apply, then face an extended processing window, and then possibly a pause.
Entry-related rules also matter. If you entered irregularly and did not report fear within 48 hours, EAD eligibility could be blocked for an initial permit.
If you already have a (c)(8) EAD
Many current holders focus on two items: renewal access and transition protections.
DHS indicates that the proposal is not aimed at renewals. Also, long-validity cards already issued would generally remain valid through their printed dates, subject to any final rule’s transition language.
Dates matter. New initial asylum EADs issued after December 4, 2025 could shift to an 18 months validity length under the proposal.
If you rely on auto-extensions or older cards
The draft includes transition concepts that preserve certain existing protections. Auto-extensions issued before the effective date and older cards can affect what you show employers.
Employer effects can be immediate. I-9 reverification planning often depends on the exact document and dates.
6) Advocacy perspectives and potential consequences (without guessing outcomes)
Advocates argue that pushing asylum applicants further from lawful work can increase hardship. Common concerns include:
- Job loss and inability to pay for housing.
- Higher risk of informal work and exploitation.
- Spillover effects for families and community services.
DHS frames the rule as an integrity and manageability measure. DHS points to deterrence of non-meritorious filings, fraud concerns, and the need to bring processing closer to workable timelines while the asylum backlog remains high.
Both sets of claims depend on what a final rule looks like and how USCIS implements it. The mechanics—wait times, bars, termination, and any pause—drive the real-world outcome.
7) Monitoring and next steps (a checklist you can use now)
No final effective date exists yet. Until a final rule is published, current rules remain in place.
Here is a practical monitoring plan:
- Watch the Federal Register for a final rule publication and any changes from the proposal.
- Track USCIS updates on policy guidance and form instructions at uscis.gov.
- Keep your records organized: asylum filing receipts, prior decisions, EAD cards, I-797 notices, and identity documents.
- Maintain your address with USCIS, and keep copies of confirmations.
- Employers should prepare for reverification questions by reviewing which documents the employee presented and the dates on them.
Policy announcements and processing slowdowns are different. Treat them differently in your planning.
✅ If you are an asylum applicant or employer, monitor the Federal Register and USCIS guidance for final rule details and implementation timelines.
This article discusses a proposed rule and does not reflect a finalized law or current policy. Readers should consult official DHS/USCIS publications for definitive guidance.
