DHS proposes rule to extend work permit waiting period for asylum applicants from 6 months to 1 year

On February 20, 2026, DHS proposed a new Rule that would double the amount of time asylum applicants must wait before becoming eligible to apply for a work permit while their asylum application is pending with the government. Asylum applicants are currently eligible to apply for a work permit after their case has been pending with the government for six months, but the Proposed Rule would extend the waiting period to one year.  

The Trump Administration states that the move is intended to “reduce the incentive for [noncitizens] to file fraudulent asylum claims so they can obtain work authorizations.” With over 1.4 million pending asylum applications and extensive adjudication timelines, asylum applicants typically become eligible for employment authorization months or years before the government starts working on their asylum claims; due to this, the Trump Administration claims that “nearly every illegal [noncitizen] attempts to exploit the system by applying for asylum” with a frivolous claim in order to become eligible for employment authorization. 

The Proposed Rule will likely substantially negatively impact asylum seekers, who would have to double the amount of time they rely on family, friends, and community aid organizations to support them while they await work authorization, putting a strain not only on asylum seekers but also our communities who benefit from their employment. 

Read the press release from USCIS here and the Proposed Rule in the Federal Register here.