The Department of Homeland Security (DHS) has released proposed regulations that would significantly limit access to employment authorization for asylum seekers in the United States. The draft rule, published by US Citizenship and Immigration Services (USCIS), is part of broader efforts to narrow eligibility for humanitarian protections and restrict access to work authorization.
Key Proposed Changes
DHS proposes wide‑ranging revisions to 8 CFR 208 and 274a. Major measures include:
Extended Waiting Period
- Asylum seekers would need to wait 365 days from the date USCIS receives a complete Form I‑589 before applying for a work permit, replacing the longstanding 150‑day wait and 180‑day eligibility threshold.
New Pause on Acceptance of Initial Work Permit Applications
- DHS would pause acceptance of initial (c)(8) EAD applications whenever the average affirmative asylum processing time exceeds 180 days for 90 consecutive days.
- USCIS estimates the resulting pause could last many years, potentially 14 to 173 years, depending on future filing volumes.
Longer Processing Times
- USCIS would have 180 days (up from 30 days) to adjudicate initial EAD applications.
Mandatory Biometrics
- All initial and renewal EAD applicants would be required to appear for biometrics; failure to appear would result in automatic denial.
New and Expanded Ineligibility Criteria
DHS proposes to bar asylum applicants from EAD eligibility if:
- There is reason to believe they may be barred from asylum for criminal grounds under INA 208(b)(2)(A)(ii)–(iii)
- Their asylum application is denied within the 365‑day period
- They filed their asylum application after the 1‑year filing deadline, absent exceptions
- They entered the U.S. unlawfully, unless they expressed fear immediately or meet limited exceptions (e.g., UACs)
Discretionary EAD Adjudication
- Work authorization would become entirely discretionary, allowing USCIS to deny EADs even where statutory bars do not apply.
Changes to Renewal and Termination
- Renewal applicants must show they are actively pursuing their asylum case.
- EADs would terminate immediately upon asylum denial unless a timely appeal is filed.
Filing Fees (Previously Implemented Under H.R.-1)
- $100 asylum filing fee
- $100 annual asylum pending fee
- $550 fee for initial (c)(8) work authorization
DHS Rationale
DHS states the changes are necessary to:
- Reduce fraudulent, frivolous, and meritless filings
- Address the asylum backlog, which exceeds 1.5 million pending cases
- Protect national security and public safety
- Realign the system with statutory intent for timely asylum adjudication
Context
The proposed restrictions are consistent with the administration’s wider policy agenda focused on limiting legal pathways available to individuals seeking protection in the United States. The proposal follows prior efforts from the first Trump administration in 2020, which similarly sought to extend the waiting period for asylum-related work authorization from six months to one year.
The proposed rule also follows recent DHS measures that tightened work authorization across categories. Notably, on October 29, 2025, DHS announced an interim final rule that ended the practice of automatically extending employment authorization documents for many renewal applicants, citing the need for more frequent vetting.
Potential Impacts
If implemented, the proposed rule would:
- Delay asylum seekers’ ability to obtain lawful employment
- Increase financial and logistical hardship for individuals and families seeking protection
- Reduce the ability of asylum seekers to secure stable housing, healthcare, and basic needs during the pendency of their cases
Immigration advocates and legal organizations have cautioned that restricting access to work authorization may undermine asylum seekers’ stability and conflict with international obligations
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.