USCIS recently announced that there are more than 1.4 million pending affirmative asylum applications. The Department of Homeland Security has published a proposed rule in the Federal Register to try to regulate overall eligibility and requirements for employment authorization documents related to a pending asylum application.
The February 23, 2026 proposed rule highlights the following:
- Elimination of current 180-day filing eligibility: Applicants would no longer be eligible to file for work authorization after their asylum application has been pending for 180 days.
- New 365-day waiting period: Applicants will need to wait 365 days after their asylum application is filed before applying for work authorization.
- Ineligibility Categories: Certain applicants would be ineligible overall for work authorization. This includes criminal bars, those who filed their application after the one-year filing deadline, or applicants who entered the U.S. unlawfully and did not express fear of persecution or intention to apply for asylum.
- Longer Adjudication Timelines: The rule would provide USCIS with more time to adjudicate the application, resulting in longer wait times for applicants.
DHS will accept comments for 60 days following the publication of the rule on February 23, 2026. Some of the proposals reflect regulatory efforts advanced by President Trump during his first term. Previous rules were challenged in federal court and ultimately reversed.
This proposed rule reflects an overall emphasis on restricting access to work authorization. The administration also shortened the validity period of certain work authorization documents recently. The reduction in validity period means frequent renewals, higher filing costs, and potential employment disruptions.
Conclusion
This proposed rule is not yet final. Applicants should prepare for potential changes and consider 1) filing their asylum application as soon as possible; 2) document timely expression of fear; 3) prepare financially for longer adjudication wait times from USCIS; 4) Monitor expiration dates for work authorization documents.
We recommend consulting with an immigration lawyer. Our office will continue to monitor developments closely. If you have questions about the proposed changes or work authorization eligibility, please email Attorney Natalia Meade at nmeade@psbplaw.com.
