Asylum Seekers May Longer Wait time to Apply Work Permit

Asylum Seekers May Longer Wait time to Apply Work Permit

On February 20, 2026, DHS proposes a rule to prioritize Americans’ safety by strengthening screening of asylum seekers, and the agency stated that they are proposing a rule to reduce the incentive for aliens to file fraudulent asylum claims so they can obtain work authorizations. Specifically, that changes may impact the asylum seekers’ opportunity for applying the work permit. DHS further describes that the new proposal would reduce meritless applications, processing times, and backlog of asylum cases.

What are the new proposals?

The new proposals included that the asylum-seekers would only qualify for a work permit a year after they apply for asylum, increasing the eligibility wait period from 180 days to 365 days. The agency specifically states that the new proposal is an overhaul of the asylum system to enforce the rules and reduce the backlog from the past. The new proposal rule included such as aliens are not entitled to work while their asylum applications are in pending with USCIS. According to USCIS’s press released on 02/20/2026, they reiterate that the current administration is strengthening the vetting of asylum applicants and restoring integrity to the asylum and work authorization processes. In addition, USCIS receives more than 1.4 million asylum claimed applications for employment authorization based on a pending asylum application have reached a historic high. The agency further stated that almost every illegal aliens were attempting to exploit the system by applying for asylum.

Who will disqualify for the work permit?

The aliens who crossed the U.S. illegally will disqualify for the work permit eligibility, unless they told immigration officials within 48 hours of entering the country that they were fleeing persecution. However, the new proposal regulation is subject to a 60-day period for public comments in support or opposition to the changes before it can take effect on or after April 22, 2026.

What will happened if the proposal is finalized?

According to USCIS, the agency believes that if finalized, that would reduce the incentive to file frivolous, fraudulent, or otherwise meritless asylum claims by changing filing and eligibility requirements for aliens requesting employment authorization based on a pending asylum application. The agency would rely or focus more of its finite resources on reviewing pending asylum applications, including backlog cases and other pending applications and petitions, and allow current system to prioritize those actually seeking refuge from danger.

Note: this information provided here is for general information and educational purposes only, and it does not constitute legal advice.