USCIS Proposal, Asylum EAD Overhaul, 365-Day Waiting Period

The Department of Homeland Security proposed a major change to asylum work permits on February 23, 2026: applicants seeking an initial (c)(8) employment authorization document would wait 365 calendar days before applying, and the agency could take 180 days to process it. Added together, those periods create a 545-day illustration for some applicants.

The change would cover initial applications by affirmative and defensive asylum applicants, but the new waiting period would not apply to renewals. DHS has not finalized the proposal or set an effective date, and USCIS has not set a start date for any acceptance pause.

The proposal, published in the Federal Register, would also let USCIS pause the acceptance of new initial applications according to asylum processing times. Here is how the separate parts would work.

The proposal lengthens the initial filing wait and processing window

DHS would replace the existing 180-day Asylum EAD Clock with a requirement to wait 365 calendar days before applying for an initial (c)(8) work permit. The proposal also removes provisions addressing applicant-caused delays to that clock.

For initial applications filed on or after a final rule takes effect, USCIS would have 180 days to process the request, rather than the current 30 days. Applications already pending on that date would keep the existing 30-day processing timeframe and remain under the current 180-day clock.

DHS says USCIS needs more time for a large affirmative asylum caseload, biometrics collection and vetting. The department also points to the time needed to address national security, public safety and fraud concerns.

The 545-day illustration combines two separate periods

The longer timeline applies to initial applicants whose filings fall under the final rule. The calculation adds the proposed waiting period before filing to the processing window that would follow. The resulting figure is an illustration based on using the full processing period.

A rejected, incomplete application could add another delay. If USCIS returns the application, the waiting period would begin again after the applicant resubmits it and USCIS accepts and receipts it.

Renewal applicants would not face this proposed initial-application waiting period. DHS separately estimates that asylum applicants could lose between $34.6 billion and $126.6 billion in compensation annually, undiscounted, under the proposal.

A processing-time test could stop initial applications

The proposal would tie acceptance of initial (c)(8) applications to the average time USCIS takes to adjudicate affirmative asylum cases over a consecutive 90-day period. Acceptance would pause if that average exceeds 180 days, then resume when the average falls to 180 days or less.

The USCIS Director would conduct the first review after the first 90-day period following the final rule’s effective date. USCIS anticipates an initial pause after that review, based on recent processing times. The pause would affect both affirmative and defensive asylum applicants, even though the trigger uses affirmative-case processing times.

Renewal applications would still be accepted and adjudicated during a pause. USCIS would also continue accepting requests to replace (c)(8) permits that are lost, stolen, or damaged. The agency proposes to post pause decisions and supporting processing-time figures on its website.

Biometrics and asylum filing compliance would also affect applicants

The proposal would require every (c)(8) applicant, including people renewing a permit, to provide biometrics at an appointment scheduled by USCIS. DHS says collecting them would support identity checks and screening against government databases.

The rule would also generally deny a work-permit request if the applicant could not demonstrate compliance with the asylum one-year filing deadline. The proposal retains exceptions tied to changed or extraordinary circumstances.

A separate final rule published October 14, 2026, ended automatic extensions of up to 540 days for many EAD renewals filed on or after October 30, 2025, including (c)(8) renewals. That change concerns renewal extensions, not the proposed wait and processing calculation for initial applications.

Applicants can watch USCIS website announcements for a final rule and any acceptance-pause decisions. The agency says it would publish supporting processing times alongside pause changes.