DHS Rule Would Limit Work Permits for Asylum Seekers to Cut Backlog

(WASHINGTON, D.C.) — Form I-765, Application for Employment Authorization is the USCIS form that many asylum seekers use to request work permits (an Employment Authorization Document, or EAD) while an asylum case is pending, and DHS has announced a proposed rule that would make key changes to who can apply and when.

This guide explains what DHS is proposing, how asylum-based EAD eligibility may change for Category (c)(8) applicants, and how backlogs could affect real-world timing. It also walks through how to file Form I-765 correctly under today’s process, since a proposed rule is not the same as a final rule.

1) Overview of the proposed DHS rule

On February 20, 2026, the Department of Homeland Security (DHS) announced a proposed rule titled “DHS Proposes Rule to Prioritize Americans’ Safety by Strengthening Screening of Asylum Seekers.” DHS said the goal is stronger screening, fraud deterrence, and public-safety prioritization.

DHS also stated that work authorization has become a central incentive in the asylum system. The proposal is designed to reduce meritless filings and ease pressure on USCIS resources. The core theme is simple: separate, delay, or pause access to asylum-based work permits from the fact that an asylum application is pending.

Because this is a proposed regulation, it may change before it becomes final. Until a final rule takes effect, USCIS generally continues to apply current rules and form instructions.

Form I-765 quick reference (asylum-based EAD)

💰 Current Fee: USCIS fees change. Verify the current Form I-765 fee and any (c)(8) fee exceptions at USCIS fees. Wrong fees can cause rejection.

⏱️ Processing Time: Processing times are estimates and vary by form category and workload. Check USCIS processing times (as of February 2026).

2) Key policy details and proposed changes (plain English)

This section describes the proposed mechanics as DHS presented them. These changes focus on Category C08 EADs, meaning EADs based on a pending asylum application.

Terms you will see

• EAD: Employment Authorization Document, commonly called a work permit.
• Category (c)(8) / C08: EAD category for a person with a pending asylum application.
• EWI: “Entered Without Inspection,” meaning entry without lawful admission at a port of entry.

Proposed pause tied to asylum processing averages

DHS proposes a “pause” mechanism. It would stop accepting and renewing (c)(8) EADs when the average processing time for affirmative asylum cases exceeds 180 days.

In real life, this could mean you meet personal waiting rules, but still cannot file. The program would be paused due to system-wide averages.

Longer wait before filing an initial asylum-based EAD

DHS proposes extending the waiting period before you can apply for an initial asylum-based EAD from 150 days to 365 days.

This would delay when many asylum seekers can first apply for a work permit. It also delays when USCIS could issue an EAD.

EWI restriction with a narrow exception concept

DHS proposes generally barring EAD eligibility for people who entered the United States without inspection (EWI). DHS describes a narrow exception concept for people who notify border authorities within 48 hours of entry and express fear of persecution.

If finalized, this would be a major eligibility gate. It could exclude many applicants, even with pending asylum cases.

One-year asylum filing deadline tied to work permit eligibility

DHS proposes tying work permit eligibility to the asylum one-year filing rule. If you did not file for asylum within 1 year of arrival, you would be disqualified from asylum-based work authorization.

This is separate from whether the asylum application is accepted for filing. It is a work-permit eligibility condition.

Mandatory biometrics for initial and renewal filings

DHS proposes requiring biometrics for every initial and renewal asylum-based EAD application.

Operationally, this can add steps. It can also add scheduling delays if biometrics capacity is tight.

⚠️ Common Mistake: Filing Form I-765 under the wrong eligibility category. For pending asylum, USCIS usually expects (c)(8). Category errors can trigger rejection or delay.

Official USCIS and DHS announcements (Feb. 20, 2026):

• USCIS newsroom: DHS Proposes Rule to Prioritize Americans’ Safety by Strengthening Screening of Asylum Seekers

3) Backlog, processing times, and statistical context

DHS and USCIS linked this proposal to workload pressure and screening priorities. USCIS reported more than 1.4 million pending affirmative asylum claims as of February 2026.

Backlogs matter because the proposal uses a processing-time “average” as a switch. If the average exceeds 180 days, the (c)(8) EAD intake and renewals could be paused. That is why timing triggers matter more than a single person’s filing date.

It is important to keep expectations realistic:

• Processing times are estimates, not deadlines.
• Times can change with staffing, receipts, and policy shifts.
• Individual cases vary due to background checks, notices, and address issues.

Even without any new rule, many Form I-765 cases slow down due to missing documents or a missed biometrics appointment.

4) Legal and policy implications (practical impact)

DHS describes a deterrence goal. It aims to reduce incentives to file asylum claims primarily for work authorization. The proposal shifts the benefit structure by delaying or limiting EAD eligibility.

For asylum seekers, the immediate impact is economic. A lawful EAD often determines whether a person can support a family, pay rent, and avoid unlawful employment.

Areas that often become friction points include:

• Hardship concerns, especially for families with children.
• Fairness and due process arguments, if access to work authorization is paused for long periods.
• Authority questions, including how regulations align with statutes and existing asylum rules.

These issues often get raised during the public comment period, and sometimes in court. Outcomes are never guaranteed.

5) Who needs to file Form I-765 for an asylum-based work permit (Category C08)

You typically file Form I-765 in the (c)(8) category if:

• You filed Form I-589, Application for Asylum and for Withholding of Removal, and it is pending, and
• You want an EAD based on that pending asylum application.

USCIS also allows EAD renewals for eligible categories. Renewals require careful timing and complete information.

6) Eligibility requirements (today’s process, plus proposed gates to watch)

Common (c)(8) eligibility points under current practice

• You have a pending asylum application with USCIS, or you otherwise qualify under asylum EAD rules.
• You are not barred by disqualifying factors in regulations.
• You submit a complete Form I-765 with required evidence.

Proposed eligibility gates (if finalized)

• A wait of 365 days before an initial asylum EAD filing.
• A system pause if affirmative asylum average processing exceeds 180 days.
• A general bar for EWI, with a narrow 48-hour reporting concept.
• A work-permit bar if asylum was not filed within 1 year of arrival.
• Biometrics required for all initial and renewal filings.

7) Step-by-step: how to file Form I-765 for a pending asylum work permit

1. Download the current Form I-765
   • Get it from Form I-765.
   • Use the newest edition date listed on that page.
2. Confirm your eligibility category
   • Most pending asylum applicants use (c)(8).
   • Enter the category exactly as USCIS lists it.
3. Complete the form carefully
   • Use consistent names, dates, and addresses.
   • Match your passport and asylum filing information.
4. Prepare your supporting documents
   • Use the checklist below.
   • Translate any non-English documents with a proper certificate.
5. Pay the correct fee, if a fee applies
   • Check USCIS fees.
   • If eligible, you may request a fee waiver using Form I-912, Request for Fee Waiver.
6. Mail the package to the correct address
   • The address depends on your category and where you live.
   • Use the “Where to File” section in the Form I-765 instructions.
7. Attend biometrics if scheduled
   • Follow the ASC appointment notice.
   • Missing biometrics often causes denial.
8. Track your case
   • Use myUSCIS and “Case Status Online.”

8) Required supporting documents (asylum-based Form I-765)

9) Common mistakes that delay or derail asylum work permits

• Using an old edition of Form I-765.
• Choosing the wrong eligibility category or leaving it blank.
• Mailing to the wrong filing address.
• Missing a signature or using an electronic signature when not allowed.
• Providing inconsistent information versus your Form I-589 record.
• Missing biometrics, or not rescheduling in time.
• Not updating your address. Use Form AR-11, Alien’s Change of Address Card when required.

✅ Pro Tip: Keep a complete copy of your filing packet and delivery confirmation. It helps if USCIS issues an RFE or a package is rejected.

Next steps (what to do now)

1. Read the USCIS announcement and monitor whether the DHS proposal becomes a final rule: USCIS news release.
2. Download Form I-765, Application for Employment Authorization from Form I-765 and follow the current edition instructions.
3. Verify fees at USCIS fees and verify processing time estimates at USCIS processing times (as of February 2026).
4. Create or sign in to your USCIS account to track filings at myUSCIS.

📋 Official Resources: Download forms at USCIS forms. Check processing times at USCIS processing times. Fees and processing times are subject to change—always verify current information at USCIS.