Final rulePublished Aug 31, 2026
Employment Authorization Reform for Asylum Applicants
Proposed ruleProposed Feb 23, 2026
This is a PROPOSED rule. It is not in force, may change before finalisation, and may never be finalised.
Where it stands
Proposed
Feb 23, 2026
Final rule
None in our archive
What the document says
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.
Who the document names
Visa categories
Asylum
Where the document says this
- Asylum: “…--------------------------------------------------------------------------- For purposes of this rule, the term ``asylum applicant'' is generally used interchangeably with ``aliens who applied for asylum,'' and ``aliens with a pending asylum application.''…”
A requirement the document states
“The stated justification was, ``[t]he increase in the EAD validity period will reduce the frequency with which affected noncitizens must file an Application for Employment Authorization (Form I-765) with USCIS if they wish to renew their EAD.'' The purpose of this policy change was to alleviate some operational pressure to adjudicate renewals prior to expiration solely based on USCIS…”
This list may be incomplete; the document may name others. Whether it applies to a particular person depends on facts this record does not have.
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Related changes
Final ruleStated effective date Jul 28, 2026
Affirmative Asylum Referrals Without Interview
The Department of Homeland Security (DHS) is amending its regulations to permit U.S. Citizenship and Immigration Services (USCIS) to refer certain affirmative asylum applications to the Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) without interview. USCIS still offers an interview prior to a grant or denial of asylum. DHS is also removing the requirement that a letter communicating the basis for referral of asylum include an assessment of the alien's credibility.
Federal Register ↗Changes requirements
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- Source
- Federal Register, checked Aug 2, 2026
- Review
- Classified automatically; not reviewed by a person
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