# 2026-03595: Asylum Applicants Hit with 365-Day Work Permit Delay Proposal 2026-03595, Employment Authorization Reform for Asylum Applicants, is a Federal Register proposed rule from Homeland Security Department published 2026-02-23, effective Comments on this proposed rule, including the proposed information collections, must be received on or before April 24, 2026. The electronic Federal Docket Management System will accept comments prior to midnight Eastern time at the end of that day.; deemed significant under Executive Order 12866 (as of 2026-06-11). - Canonical: https://policyrisk.com/federal-register/2026-03595 - As of: 2026-06-11 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Document number: 2026-03595 - Title: Employment Authorization Reform for Asylum Applicants - Type: Proposed Rule - Agencies: Homeland Security Department - Citation: 91 FR 8616 - Published: 2026-02-23 - Effective: Comments on this proposed rule, including the proposed information collections, must be received on or before April 24, 2026. The electronic Federal Docket Management System will accept comments prior to midnight Eastern time at the end of that day. - Comments close: not stated - Significant: yes (FR_METADATA) - Touches household money: no - Regulation identifier numbers: 1615-AC97 - Last updated: 2026-06-11 ## In one line Asylum Applicants Hit with 365-Day Work Permit Delay Proposal ## Summary The Department of Homeland Security wants to change the rules for asylum seekers who want to work while waiting for their cases to be decided. They plan to make people wait longer—up to 365 days—before applying for work permission and will pause new work applications if processing times get too long. These changes aim to manage workloads better and could affect many asylum applicants starting in 2026. ## Abstract The U.S. Department of Homeland Security (DHS) proposes to modify regulations governing applications for asylum and withholding of removal (asylum applications) and employment authorization based on a pending asylum application. The proposed rule would change filing and eligibility requirements for aliens requesting employment authorization and an employment authorization document (EAD) based on a pending asylum application. The changes include pausing acceptance of EAD applications from asylum applicants during periods when affirmative asylum average processing time exceeds 180 days, extending the waiting period to apply for employment authorization to 365 days, changing EAD application processing time requirements, and adding eligibility requirements. ## Effects PRIA read - Pause on New Asylum EAD Applications: cost, high. If USCIS' average processing time for affirmative asylum applications over a consecutive 90-day period exceeds 180 days, USCIS would pause acceptance of new initial employment authorization (c)(8) applications. Acceptance would restart only when that 90-day average is less than or equal to 180 days. - Waiting Period Increased To 365 Days: cost, high. If you file an asylum application on or after the rule's effective date, you would only be eligible to apply for a (c)(8) employment authorization document after a 365-calendar-day waiting period measured from the receipt date of a complete asylum application as recorded under 8 CFR 103.2(a)(7). An… - EAD Adjudication Time Extended To 180 Days: cost, medium. For initial (c)(8) EAD applications filed on or after the effective date, USCIS would have up to 180 days to adjudicate the application instead of the current 30-day regulatory requirement. Initial (c)(8) applications pending as of the effective date would remain subject to the 30-day requirement. - Biometrics Required for All (c)(8) Applicants: cost, low. You must submit biometrics for all initial and renewal (c)(8) EAD applications; if you fail to appear for biometrics, your application would be denied under 8 CFR 103.2(b)(13)(ii). - Discretionary Approval of (c)(8) EADs: cost, high. USCIS would state that approval of (c)(8) EAD applications is discretionary under section 208(d)(2) of the INA, meaning USCIS may grant or deny (c)(8) EADs at its discretion for applications filed on or after the effective date. - Criminal Bars Exclude Eligibility: cost, medium. You would be ineligible for a (c)(8) EAD if there is reason to believe you may be barred from asylum due to the criminal bars listed in sections 208(b)(2)(A)(ii)-(iii) of the INA. DHS proposes to exclude such individuals from (c)(8) eligibility. - Denial During Waiting Period Bars EAD: cost, medium. If your asylum application is denied by an asylum officer or an Immigration Judge within the 365-calendar-day waiting period (or before adjudication of your initial (c)(8) EAD), you would be excluded from initial (c)(8) EAD eligibility. - One-Year Filing Deadline Affects EAD Eligibility: cost, medium. If you file an asylum application on or after the effective date and you filed that asylum application more than 1 year after your arrival in the United States, you would be ineligible for a (c)(8) EAD unless an asylum officer or Immigration Judge finds an exception to the one-year filing deadline… - Illegal Entry May Bar EAD Unless Timely Asylum Claim: cost, high. If you entered or attempted to enter the United States without inspection on or after the effective date, you would be ineligible for a (c)(8) EAD unless, without delay but no later than 48 hours after entry, you expressed an intention to apply for asylum or fear of persecution/torture, or you esta… - Termination Rules for (c)(8) EADs After Denial: cost, medium. Under the proposal, a (c)(8) EAD would terminate immediately after denial of an asylum application by an asylum officer (unless referred to an Immigration Judge), 30 days after an IJ denial unless timely appealed to the Board of Immigration Appeals, or immediately after denial or dismissal by the B… - Existing EAD Holders Kept Until Expiration: benefit, low. If you already have employment authorization before the final rule's effective date, you may remain employment-authorized until the expiration date on your current EAD unless your card is otherwise terminated or revoked under the regulations that were in effect when your EAD was issued. - Priority Adjudication for Derogatory Information: mixed, low. USCIS would be authorized to prioritize adjudication of asylum applications if derogatory information is found during the (c)(8) EAD adjudication process, allowing faster review of cases flagged during EAD processing. ## Related documents - [2026-20660](https://policyrisk.com/federal-register/2026-20660): Optional Practical Training Fees, 2026-10-08 - [2026-20650](https://policyrisk.com/federal-register/2026-20650): Low-Value Shipments, 2026-10-08 - [2026-20087](https://policyrisk.com/federal-register/2026-20087): Clarification of Certain Mariner Training Requirements, 2026-10-01 - [2026-20016](https://policyrisk.com/federal-register/2026-20016): U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule, 2026-09-30 - [2026-17390](https://policyrisk.com/federal-register/2026-17390): Automated Commercial Environment (ACE) Electronic Export Manifest for Rail Cargo, 2026-08-26 - [2026-17324](https://policyrisk.com/federal-register/2026-17324): Fee for Certain H-1B Petitions, 2026-08-25 ## Sources - [2026-03595 on federalregister.gov](https://www.federalregister.gov/documents/2026/02/23/2026-03595/employment-authorization-reform-for-asylum-applicants) - [2026-03595 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-02-23/pdf/2026-03595.pdf) ## Related - [Previous: 2026-03576, Airworthiness Directives; Airbus Helicopters](https://policyrisk.com/federal-register/2026-03576) - [Next: 2026-03610, Managing Senior Professional Performance](https://policyrisk.com/federal-register/2026-03610) - [All Federal Register documents](https://policyrisk.com/federal-register) Source: PRIA, https://policyrisk.com/federal-register/2026-03595 (as of 2026-06-11).