Proposed Asylum Work Permit Rule: "173 Year[] or Longer" Pause

The U.S. Department of Homeland Security (DHS) announced on February 20, 2026, that it is proposing a new rule to "reduce the incentive for aliens to file fraudulent asylum claims so they can obtain work authorizations."

If the new rule comes into effect (and is not paused as a result of expected legal challenges), then DHS "would pause the acceptance of initial (c)(8) EAD applications when the average processing time for affirmative asylum applications over a consecutive period of 90 days adjudication exceeds 180 days" [footnotes removed]. DHS would only accept initial (c)(8) EAD applications again if "affirmative asylum adjudications over a consecutive period of 90 days is less than or equal to 180 days."

"DHS acknowledges that the pausing of acceptance of initial (c)(8) EAD applications will create a potentially significant hardship for asylum applicants." Which makes sense because "[d]epending on asylum receipts moving forward, which will likely decrease if this rule is finalized as proposed but will also continue to be subject to change due to a variety of other factors, the initial pause may last a significant amount of time." [Emphasis added].

DHS asserts "[t]he pause on EAD application acceptances and processing may last from 14 to 173 years, or longer."

The proposed rule is on the Federal Register's website, and you can leave your comment concerning the proposed rule until April 24, 2026. Read this to learn more about how to leave a public comment.