DHS Proposes to Block Asylum Seekers from Work Permits for a Year — or Longer

What's Changing — And Why It Matters

Under current rules, asylum applicants must wait 180 days after filing before they can apply for an Employment Authorization Document (EAD) — the card that lets them work legally in the US.

This proposed rule would double that wait to 365 calendar days.

But the bigger change is the automatic pause mechanism. USCIS would be required to stop accepting new EAD applications from asylum seekers whenever the average processing time for affirmative asylum cases exceeds 180 days. Right now, processing times are far above that threshold — and DHS itself acknowledges it could take between 14 and 173 years to bring them below 180 days, depending on how applicant volumes change.

In plain terms: if this rule is finalized as written, new asylum applicants may be unable to apply for work permits at all for an extended period — possibly years.

New Eligibility Restrictions

Beyond the wait time and pause, the rule adds several new bars to EAD eligibility:

• Criminal history: Applicants with reason to believe they may be barred from asylum due to certain criminal convictions would be ineligible.
• Illegal entry: Applicants who entered without inspection after the rule's effective date would be ineligible — unless they reported to immigration officials within 48 hours, showed good cause, or qualify as an unaccompanied minor.
• Late asylum filers: Applicants who filed their asylum application more than one year after arriving in the US (and don't qualify for an exception) would be ineligible.
• Denied applicants: Anyone whose asylum application is denied before they receive an EAD would lose eligibility.

The rule would also require biometrics submission (fingerprints and photos) for all EAD applicants, including renewals, and extend the government's processing window for new EAD applications from 30 days to 180 days.

Who Is Protected (For Now)

If you already have a valid EAD based on a pending asylum application, you're protected: DHS says existing cardholders can keep their work authorization until their current EAD expires, unless it's terminated or revoked under existing rules.

Pending initial EAD applications at the time the final rule takes effect would still be processed under the current 30-day requirement and 180-day waiting period.

The Government's Reasoning

DHS argues the changes are needed to reduce what it calls frivolous or fraudulent asylum filings made primarily to obtain work permits — not genuine protection claims. The agency says the backlog of EAD applications has hit historic highs, straining USCIS resources.

Critics are likely to argue the rule would leave vulnerable people unable to support themselves for years while waiting for a system already overwhelmed by delays.