If you have a pending asylum case or you are thinking about applying, a proposed rule published on February 20, 2026 could change everything about your ability to work legally in the United States. The Department of Homeland Security is proposing sweeping restrictions to asylum work permits that could effectively shut down new asylum-based employment authorization for years.
Here is what you need to know, what this means for your case, and what steps you should take right now.
This is the change that will hit hardest and fastest if the rule goes into effect.
Under the current system, asylum seekers can apply for an Employment Authorization Document (EAD) 150 days after USCIS receives their asylum application. The work permit itself can be issued after 180 days, known as the asylum EAD clock.
The proposed rule would change that 150-day wait to 365 days. That means you would have to wait a full year just to apply, and potentially much longer to actually receive the work permit.
For many asylum seekers, that extra six months without any legal work authorization means the difference between stability and crisis. It affects your ability to pay rent, support your family, and maintain the resources you need to pursue your case effectively.
Here is where the proposed rule gets more drastic.
DHS is proposing to pause acceptance of all new asylum-based EAD applications whenever the average processing time for affirmative asylum cases exceeds 180 days for 90 consecutive days. Since the current asylum backlog exceeds 1.4 million cases and the vast majority take well over 180 days to process, this trigger would almost certainly be met immediately.
How long could the pause last? The proposed rule itself acknowledges this could take between 14 and 173 years to resolve. The agency is openly stating that this pause could last decades.
The bottom line: if this rule is finalized, new asylum applicants may not be able to obtain work permits at all for the foreseeable future.
Right now, USCIS has a 30-day window to adjudicate an initial asylum-based work permit application once the 180-day clock is met. The proposed rule would extend that processing window to 180 days.
Combined with the new 365-day wait to apply, that means an asylum seeker could potentially wait up to 18 months before receiving a work permit, even in a best-case scenario where the pause is not in effect. That is a significant departure from the current timeline that most asylum applicants rely on for basic financial stability.
The proposed rule does not just change when you can apply. It introduces entirely new reasons USCIS could deny your asylum work permit application.
Under the proposal, you would be ineligible for a work permit if:
These new bars would disqualify a significant number of asylum seekers who are currently eligible for work authorization under existing rules.
This is a subtle but important shift.
Currently, if you meet the eligibility requirements and the 180-day clock has been met, USCIS must issue your work permit. The proposed rule would make work authorization for asylum seekers entirely discretionary, meaning USCIS could deny your application even if you technically qualify.
This change gives the agency broad authority to refuse work permits on a case-by-case basis, adding a layer of unpredictability to an already uncertain process.
If you already have an asylum-based work permit, the proposed rule affects renewals as well.
Renewal applicants would need to demonstrate they are actively pursuing their asylum case. Your EAD would be terminated immediately if your asylum application is denied, unless you file a timely appeal. And all applicants, initial and renewal, would be required to appear for biometrics, with failure to appear resulting in automatic denial.
For asylum seekers who already hold valid work permits, this is a reminder that missing a USCIS appointment could have more serious consequences than ever under these proposed changes.
It is important to understand that these proposed changes would come on top of the existing asylum processing freeze that USCIS implemented in late 2025. Under that separate policy, USCIS has paused all final decisions on affirmative asylum applications and placed holds on immigration benefits for individuals from dozens of designated countries.
So asylum applicants are already dealing with a system that has largely stopped moving. This new proposed rule would add another barrier, blocking the work authorization that many asylum seekers rely on to survive while waiting for a decision that USCIS has already stopped issuing.
If you are navigating both the processing hold and concerns about your work permit, talking to an experienced immigration attorney can help you understand how these overlapping policies affect your specific situation.
No, and this is critical to understand.
This is a proposed rule, not a final rule. It was published in the Federal Register on February 20, 2026, and is now subject to a public comment period. The public will have at least 60 days to submit comments, after which DHS would need to review those comments, potentially make changes, and publish a final version before the rule takes effect.
That means it could be months before any of these changes are implemented. Legal challenges are also widely expected, which could delay or block the rule entirely.
However, the direction is clear: the administration is moving aggressively to restrict asylum-based work authorization. Planning ahead is the smartest thing you can do.
The proposed rule would primarily impact:
If you entered the U.S. without inspection and do not meet the narrow 48-hour notification exception, the impact could be particularly severe. Likewise, if your asylum application was filed outside the one-year deadline, the new eligibility bars could block your access to work authorization entirely.
The rule does not affect individuals who have already been granted asylum. If your asylum case has been approved, you are authorized to work incident to status and do not need an EAD. It also does not affect asylum seekers in removal proceedings whose cases are pending before an immigration judge, as those are handled through a separate defensive process.
The proposed rule is not in effect yet, but preparation matters. Here is what you should do:
Right now, yes. The existing rules remain in place while this proposed regulation works through the rulemaking process.
If you filed your asylum application and your 180-day clock has been met, you should still be able to apply for and receive a work permit under the current framework, subject to the separate processing holds USCIS has imposed on certain applicants. The proposed rule changes will not take effect until a final rule is published, which could take several months at minimum.
That said, the window may be narrowing. Acting quickly to get your application on file while the current rules are still in effect is the most protective step you can take.
If you have questions about your asylum case, your work permit, or how these proposed changes affect your situation, contact Brudner Law to talk through your options. Navigating asylum in 2026 requires careful strategy, and having an experienced immigration attorney in your corner can make all the difference. Brudner Law can help you move forward with clarity.
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