USCIS Tightens Rules on Work Authorization for Asylum Seekers

(UNITED STATES) USCIS will end automatic EAD extensions for many asylum seekers who file work permit renewals on or after October 30, 2025, a shift that could leave thousands without lawful jobs if their renewals are still pending when current cards expire. The agency also began charging a $550 fee for initial work permit applications on July 22, 2025, ending years of no-fee filings for first-time applicants. Together, the changes affect asylum seekers across the United States 🇺🇸 who are not work-authorized based on their status and rely on timely Employment Authorization Documents to keep their jobs while their cases proceed.

What the policy change does

• Renewals filed on or after October 30, 2025 will no longer receive automatic time-limited extensions of work authorization past the printed expiration date on the EAD card.
• Applicants who filed renewal requests before October 30, 2025 will still benefit from the previous automatic extension rule.
• Previously, timely renewals often received up to an automatic 540-day extension, allowing applicants to continue working while USCIS processed the case.
• Without that buffer, anyone who submits a renewal on or after the cutoff risks a gap in work authorization if processing stretches beyond the card’s printed expiration date — a common outcome given current processing times.

Fees and cost impacts

• The initial work permit fee is now $550 (effective July 22, 2025).
• The total cost for online renewals has risen to $745.
• Fee waivers are not available for these filings, creating a barrier for low-income applicants.

Key cost examples:
– A family with two adult initial applicants could face more than $1,000 up front.
– The same family could later pay $1,490 for two online renewals, with no fee-waiver safety net.

Who is affected (and who is not)

• Affected: Asylum seekers and others with pending asylum applications who are not automatically allowed to work based on status.
• Not affected: People already granted asylum or admitted as refugees — they remain work-authorized incident to status and can apply for documentation without the same renewal-timing risk.

Filing timing, forms, and processing

• Asylum seekers may request initial work permits 150 days after submitting their asylum application (Form I-589).
• USCIS is required by statute to decide initial EAD requests within 30 days, though delays are widespread.
• Work authorization is requested on Form I-765.
• Current USCIS processing times for EAD renewals average about 6.5 months, meaning many renewals filed around the cutoff could remain pending long after card expiration.

Practical consequences

• Increased likelihood of job interruptions, suspended pay, and employer confusion over I-9 checks when cards expire.
• Minor filing, mail, biometrics, or scheduling delays could push workers off the job, even when renewals are otherwise straightforward.
• Employers — especially in entry-level or high-turnover industries — may face staffing disruption as workers step away and then re-onboard when approvals arrive.

“The end of automatic extensions will not speed adjudications; it will simply push the cost of delays onto workers and their families.” — paraphrased concerns from immigration attorneys.

Policy rationale and context

• USCIS says the change aligns renewal processing with the card’s printed validity and helps keep records consistent for employers and agencies.
• The move follows earlier legal battles over asylum-related employment rules. Under the prior administration, DHS had delayed access to work authorization and limited eligibility for some who crossed between ports of entry; courts later struck down key parts of those measures.
• Critics argue the change does not address slow processing and instead shifts burdens onto asylum seekers.

Calls to action from advocates and critics

• Immigration and advocacy groups urge DHS to:
  • Reverse the automatic extension change.
  • End the new fees for asylum seekers.
  • Speed up EAD adjudications through staffing increases, redirected resources, or surge teams.
• Supporters say aligning authorization to printed validity may reduce fraud and improve consistency for employers and benefit programs.

Operational guidance for applicants and employers

• USCIS directs applicants to review current employment authorization guidance on its website and to check case processing times before filing renewals.
• Employers must verify work authorization at hire and upon reverification; a lapsed card without an active extension generally cannot support continued employment under federal I-9 rules.
• The Department of Homeland Security encourages both employers and workers to rely on official guidance to avoid improper terminations or discriminatory document requests.

Broader system pressures

• Asylum filings have been growing, increasing workloads across USCIS and immigration courts.
• In many offices the statutory 30-day decision window for initial EADs is seldom met.
• Applicants attempting to file early can still fall into gaps due to backlog, mailroom delays, or biometrics scheduling — and the end of automatic extensions removes the only common buffer that previously kept many workers on payroll.

Resources and further reading

• USCIS: Automatic Employment Authorization Document (EAD) Extension
• Form I-589 (asylum application): Form I-589
• Form I-765 (work authorization): Form I-765

Key takeaways

• Filing renewals on or after October 30, 2025 removes the automatic extension safety net that previously allowed many asylum seekers to keep working while renewals processed.
• New fee: $550 for initial EADs (effective July 22, 2025); $745 for online renewals.
• The combination of lost automatic extensions and long processing times increases the risk that asylum seekers will experience job loss, financial strain, and employer verification challenges.
• Advocacy groups, legal experts, and employers are watching how USCIS and DHS balance budget, security, and access as these rules take effect and the first post-cutoff renewals are adjudicated.