03/05/2026
Employment Authorization Documents 👩🏻💼
The government is proposing new rules about when asylum seekers can work in the United States. These are not final yet. They are only proposed rules.
Proposed changes
1. Wait longer before you can apply for a work permit
Right now many asylum applicants can apply for a work permit after about 180 days.
The new rule would make them wait 365 days (1 year) before applying.
2. The government could stop accepting work permit applications
If asylum cases take longer than 180 days on average, USCIS could stop accepting new work permit applications from asylum seekers until processing times improve.
3. USCIS would get more time to decide work permits
Currently USCIS is supposed to decide many asylum based work permits in 30 days.
The proposal would give them up to 180 days to decide.
4. Everyone would have to give fingerprints (biometrics)
Asylum applicants asking for work permits would have to submit biometrics, and if they do not show up, their work permit application could be denied.
5. Some people would not qualify for a work permit anymore
The proposal would make some asylum seekers ineligible, including people who:
• may be barred from asylum because of certain crimes
• file asylum more than 1 year after entering the U.S. without an exception
• enter the U.S. illegally and do not ask for asylum quickly after entry.
6. Work permits would end faster if asylum is denied
If asylum is denied by an officer or judge, the work permit could end quickly, especially if there is no appeal.
7. USCIS could speed up asylum cases if it finds negative information
If USCIS discovers bad information about someone while reviewing their work permit request, the agency could prioritize deciding that person’s asylum case sooner.
Important
These are only proposed rules, not law yet.
Public comments are due April 24, 2026.
