On Monday, the Department of Homeland Security (DHS) published a proposed rule that would significantly tighten employment authorization eligibility for individuals with pending asylum applications.
Under current regulations, applicants may apply for work authorization 150 days after filing for asylum and may receive an employment authorization document (EAD) after 180 days, excluding applicant-caused delays. The proposed rule would replace that system with a single 365-day waiting period before an applicant may request an EAD. DHS would also extend U.S. Citizenship and Immigration Services (USCIS) processing times for initial EAD applications from 30 to 180 days, meaning the total waiting period for work authorization could reach up to 545 days from the date of filing.
The proposal would eliminate the rule deeming incomplete asylum applications accepted if not returned within 30 days, require biometrics for EAD filings, deny EADs to applicants who failed to file for asylum within one year of arrival absent an exception or who entered outside a lawful port of entry, and allow DHS to pause acceptance of initial EAD applications when the average processing time for affirmative asylum applications exceeds 180 days over a consecutive 90-day period. DHS would announce any such pause publicly, and the proposed rule does not declare that a pause is currently in effect.
Consistent with the One Big Beautiful Bill Act, the rule would also require automatic termination of asylum-based EADs upon denial at various adjudicatory stages, including denial by an asylum officer unless referred to an Immigration Judge, 30 days after denial by an Immigration Judge absent a timely appeal, or immediately upon dismissal or denial of an appeal by the Board of Immigration Appeals.