What Employers Should Know About Proposed Asylum Rule Changes

March 9, 2026

DHS Proposes Stricter Work Permit Rules for Asylum Applicants: A Quick Overview for Employers

The U.S. Department of Homeland Security (DHS) has proposed new rules that would make it harder and slower for asylum applicants to receive work permits. If finalized, these changes would significantly affect both asylum seekers and the employers who hire them. Here’s what you need to know.

1. Longer Wait for Work Authorization

Currently, asylum applicants can apply for a work permit (Employment Authorization Document, or EAD) 150 days after filing their asylum application.

Under the proposed rule, that waiting period would increase to 365 days. In addition, U.S. Citizenship and Immigration Services (USCIS) would have up to 180 days to process the work permit application. In practical terms, this could mean well over a year before many applicants are allowed to work legally.

2. Possible Pause on New Work Permit Applications

If asylum case processing times become too long, USCIS could temporarily stop accepting new asylum-based work permit applications altogether. Given existing backlogs, this is a real possibility and could further delay employment authorization. At this point, this is just a threat and we don’t have actual evidence to base this on. 

3. Stricter Eligibility Rules

The proposal would also limit who qualifies for a work permit. Certain applicants could be barred from receiving an EAD, including:

• Individuals who file for asylum late (with limited exceptions) The people affected by this would be a very limited pool. 
• Those whose asylum cases are denied during the waiting period
• Those who entered the United States outside a lawful port of entry

4. Faster Termination After Denial

If an immigration judge denies an asylum application, the applicant’s work authorization could end quickly — unless an appeal is filed on time.

What This Means for Employers

If these rules take effect:

• Some employees may face longer gaps in work authorization
• Workforce planning may become more complicated
• Employers will need to monitor I-9 compliance carefully when EADs expire