On February 20, 2026, the Department of Homeland Security (DHS) announced that it is proposing a rule, “Employment Authorization Reform for Asylum Applicants,” to change filing and eligibility requirements for those requesting work authorization and Employment Authorization Documents (EADs) based on a pending asylum application. The rule would take effect 60 days after publication, which is scheduled for February 23, 2026.
The proposed changes, according to the unpublished version, include “pausing acceptance of EAD applications from asylum applicants during periods when affirmative asylum average processing time exceeds 180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.” The 365-calendar-day waiting period would begin “on the date of the receipt of a complete asylum application.” DHS also proposes to “pause USCIS’ acceptance of initial Form I-765, Application for Employment Authorization (EAD application), filings in the [8 CFR 274a.12(c)(8)] category when USCIS’ average processing time for affirmative asylum applications exceeds 180 days.”
Under the proposed rule, DHS would allow those “with pending asylum applications that have not yet been adjudicated and who already have employment authorization before the final rule’s effective date to remain employment authorized until the expiration date on their current EAD, unless the card is terminated or revoked on the grounds specified in regulations in effect when their EAD was issued.” In general, unless otherwise specified, those “who file renewal (c)(8) EAD applications on or after the effective date of the final rule would be subject to the applicable provisions in this proposed rule.”
DHS said that U.S. Citizenship and Immigration Services has more than 1.4 million pending affirmative asylum claims.
