New DHS Proposed Rule: Major Changes to Asylum Work Permit (EAD) Requirements in 2026
Updated in February 2026
The U.S. Department of Homeland Security (DHS) has officially announced a proposed rule that aims to significantly reform the eligibility and waiting periods for Employment Authorization Documents (EAD) based on pending asylum applications. Published in the Federal Register on February 23, 2026, this proposal introduces stricter requirements for asylum seekers seeking to work in the United States.
Key Changes in the 2026 Asylum EAD Reform
According to Federal Register Document No: 2026-03595, the proposed regulation focuses on three critical areas:
- Extension of the Waiting Period (365 Days): The proposal seeks to increase the current 150-day waiting period to 365 calendar days before an applicant is eligible to apply for a work permit.
- Application Suspension Based on Backlog: If the average processing time for asylum cases exceeds 180 days, USCIS may suspend the acceptance of new work permit applications.
- 48-Hour Reporting Rule for Illegal Entry: Individuals who enter the U.S. unlawfully (outside of a designated port of entry) must declare their fear of persecution to authorities no later than 48 hours after entry to remain eligible for a work permit.
Is This New Rule Currently in Effect?
It is important to understand that this is currently a “Proposed Rule” and not yet a final law.
- Public Comment Period: The public has until April 24, 2026, to submit comments on this proposal.
- Legal Challenges: Even if finalized, it is highly anticipated that immigrant advocacy groups will file federal lawsuits to seek an “injunction” (stay), which could delay or prevent the implementation of these rules for months or years.
Will Current Work Permit Holders Be Affected?
Under general legal principles, new regulations typically do not apply retroactively to those who already hold a valid Category (c)(8) EAD or those whose applications were filed under the existing rules.
Currently, the 150-day rule remains in full effect. We strongly advise eligible applicants to file their work permit requests as soon as possible under the current regulations to avoid potential future restrictions.
Official Source Information:
- Agency: U.S. Department of Homeland Security (DHS)
- Document: Federal Register, Document No: 2026-03595
- Date: February 23, 2026