Last month, the Department of Homeland Security (DHS) published a proposal to change the rules for obtaining work authorization for asylum seekers. The news received little media coverage, but the potential impact could be enormous.
What Does the Proposal Say, and How Would it Affect Asylum Applicants?
- Process employment authorization document (EAD) applications submitted by asylum seekers only during periods when the average processing time for asylum applications is less than 180 days
- Extend the waiting period to apply for a work permit to 365 days
- Modify processing time requirements for EAD applications
- Introduce new eligibility requirements.
This proposed change directly affects asylum applicants' ability to obtain an EAD (“Employment Authorization Document”) because it would suspend their work permits if the average processing time for asylum cases exceeds 180 days, and asylum cases typically take years. Remember that asylum offers a path to permanent residence (a green card) and citizenship; it’s not a temporary solution like Temporary Protected Status (TPS).
Practical effects would include:
- Inability to apply for work authorization.
- Longer waiting period before applying for a work permit. Currently, asylum seekers must wait 150 days before applying; under the new rule, they would need to wait 365 days, if accepted.
- Greater likelihood of denial due to added eligibility requirements and broader discretion for officers. In other words, even if you meet basic requirements (deadlines, forms, etc.), the government would have more leeway to deny your application if it believes your case was not filed in good faith, has credibility issues, or poses risk factors (for example, certain criminal records, illegal entry, or suspected “bad faith”).
- Inability to work (and support themselves or their families) for people with an asylum application pending.
What Will Happen to My Work Permit if My Asylum Case Is Still Pending?
As of today, nothing has changed—new applications and approvals are still being processed. In fact, if you are in this situation, you should consult an immigration attorney immediately, since it’s likely in your best interest to file your initial work permit request now in case the new rule is approved and applications later become blocked.
The same goes for renewals: it's generally recommended to submit renewal applications for work permits that expire within a year. The proposed changes should not affect work permit renewal applications that are filed before the rule becomes final.
Asylum applicants and refugees may apply for an EAD after 150 days if no decision has been made on their case. Those whose asylum has already been approved are automatically authorized to work without needing to apply for an EAD, but they may still request one to show proof of employment authorization.
What Can I Do if I Want to Oppose the Proposal?
Anyone who believes the new rule would harm their community can submit a public comment explaining their reasons and requesting that the proposal be dropped. By law, federal agencies must review public input before a rule takes effect. This doesn’t guarantee rejection, but public pressure can influence the government’s decision.
When Is the Deadline to Submit a Comment?
Public comments will be accepted until April 24.
What Is the Government’s Stated Purpose Behind the Change?
When Would the New EAD Rule Take Effect if Approved?
It could take effect any time after April 24, once the comment period ends. There’s no fixed timetable, but new rules often take effect within 30 days to several months afterward.
The good news for people with pending asylum applications is that the proposal doesn’t currently specify retroactive application unless it’s later amended. Therefore, the new rule should not affect work permits that have already been granted or applications that have already been submitted.
If you’re in the United States with an immigration status that qualifies you for a work permit, we recommend staying in regular contact with an immigration attorney to receive updates on rule changes that could directly affect you.
Written by the Abogado.com editorial team.
