NEW 2026 DHS RULE COULD DRASTICALLY CHANGE ASYLUM WORK PERMITS

BREAKING NEWS – NEW 2026 DHS RULE COULD DRASTICALLY CHANGE ASYLUM WORK PERMITS

#ImmigrationLaw #Asylum #WorkPermit #EAD #USCIS #DHS #AsylumUpdate #ImmigrationNews #BreakingImmigration #USImmigration #ImmigrationAttorney #AsylumPolicy #FederalRegister

On February 20–21, 2026, DHS and USCIS announced a major proposed rule that could significantly change how asylum seekers receive work permits also known as Employment Authorization Documents, or EADs. This is not final yet but if implemented, it would dramatically reshape asylum work authorization in the United States. Work Permits Could Be Suspended Due to Backlogs Under the proposal, USCIS would stop accepting new asylum-based work permit applications — category (c)(8) — whenever the average asylum processing time exceeds 180 days. Right now, processing times are already well beyond that. That means new work permits could effectively be suspended for a long period of time. USCIS would only resume accepting applications if it brings average asylum decisions back under 180 days. Waiting Period Would Increase to 365 Days Currently, asylum applicants can apply for a work permit after 150 days, and receive it after 180 days. The new rule would require waiting 365 days before even applying. That’s double the current waiting time. And remember applicant-caused delays would still stop the asylum clock. New Entry-Based Restrictions The proposal would make some asylum applicants ineligible for work permits if they entered without inspection unless they reported their fear of persecution within a very short timeframe, possibly 48 hours. This would significantly narrow eligibility for many individuals who later apply for asylum after entering irregularly. Additional Eligibility Bars The rule would also introduce new bars to receiving a work permit. Applicants may be denied if: •They previously had an asylum case denied. •They have certain criminal convictions, including aggravated felonies. •They failed to file asylum within the one-year deadline and don’t qualify for an exception. USCIS Discretion Expanded The rule makes clear that work permits are discretionary. This means USCIS officers could deny an EAD even if technical eligibility requirements are met. This is a shift from the more automatic framework currently used. Automatic Termination of Work Permits If an asylum case is denied or becomes administratively final before the EAD expires, employment authorization would automatically terminate — either immediately or shortly after denial. This removes ambiguity about whether someone can continue working during certain post-denial stages. Overall Impact If finalized, this rule would: •Delay access to work authorization. •Narrow eligibility. •Expand criminal and procedural bars. •Increase discretionary denials. •Automatically terminate EADs upon asylum denial. •And tie work permit availability to backlog metrics. Why DHS Says It’s Doing This DHS states the goal is to reduce fraudulent asylum claims and remove incentives for economic migration. Officials argue that limiting work authorization will help reduce the backlog and focus resources on stronger cases. Concerns From Advocates Immigration advocates warn that: •It could push asylum seekers into underground work. •Families may face severe financial hardship. •Exploitation risks may increase. •The backlog itself won’t magically disappear. Important: This Is Not Final Yet This is a Notice of Proposed Rulemaking. That means: •It is open for public comment. •It is not yet enforceable. •It could change. •And it will likely face legal challenges if finalized. Final Takeaway This is one of the most significant proposed changes to asylum work permits in decades. If implemented, it would make work authorization much harder and potentially unavailable — for many asylum applicants. We will continue monitoring this closely. If you are an asylum applicant or have a pending case, consult with an immigration attorney about how this could affect you.

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