What is Happening?
- On February 23, 2026, the Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) titled “Employment Authorization Reform for Asylum Applicants.” The proposed rule would indefinitely bar people who seek asylum after the rule goes into effect from applying for authorization to work legally during their years-long legal process.
- If implemented, the asylum work permit rule would halt the processing of initial applications for work permits until USCIS can process all affirmative asylum applications within an average of 6 months. As noted in the NPRM, processing times in recent years have averaged between 22-35 months. DHS estimates that the pause on initial applications could last from 14 to 173 years or longer.
- Additionally, this proposed asylum work permit rule would create new, onerous requirements to renew work authorization for those who already have it, and expand U.S. Citizenship and Immigration Services’ (USCIS) authority to deny applications for work permits based solely on agents’ discretion.
- This new regulation would also increase the time those seeking asylum must wait before they are eligible to apply for work authorization from 5 months to 1 year.
- There is a 60-day public comment period on the asylum work permit rule that ends at midnight eastern time on April 24, 2026. See more information below on how you can push back on this misguided proposal.






