In one of the most consequential business-immigration moves of the year, the Department of Homeland Security on 20 February 2026 released a 220-page draft rule entitled “Employment Authorization Reform for Asylum Applicants.” The proposal would lengthen the mandatory waiting period before an asylum seeker can file Form I-765 from 180 days to 365 days, give U.S. Citizenship and Immigration Services authority to **pause acceptance of new EAD applications whenever average asylum-case processing exceeds six months**, and impose additional criminal-history and illegal-entry bars.
![DHS proposes sweeping overhaul of asylum work-permit rules]()
For employers and applicants needing to keep pace with such fast-moving regulatory changes, VisaHQ can step in as a practical resource. The company’s U.S. visa portal (https://www.visahq.com/united-states/) delivers continuously updated guidance, personalized intake tools, and concierge support that help businesses assess alternative visa categories or rush travel documents when asylum-based work authorization is delayed.
DHS argues that the revisions are needed to curb what it calls “frivolous or merit-less” asylum filings submitted primarily to obtain work authorization. USCIS reports a record 1.4 million pending affirmative asylum claims, a backlog that the agency says drains adjudications staff and drives up corporate processing times for other benefits. For employers, the rule would have an immediate compliance impact. Hiring managers would see far fewer asylum-based EADs in the first year after implementation, and HR teams would need to track a new 12-month “asylum clock” when completing I-9 employment-verification forms. DHS estimates first-year lost earnings of US $2.3 billion for applicants who will be unable to work during the longer waiting period, although it projects a net benefit by discouraging fraudulent claims. The notice of proposed rulemaking is scheduled for publication in the Federal Register on 23 February, launching a 60-day public-comment window. Multinational employers, staffing firms and industry groups are expected to weigh in heavily; many already argue that legitimate talent will be caught in the cross-fire, forcing companies to delay assignments or relocate functions overseas. If the regulation is finalized without major changes, businesses should prepare for delayed onboarding, revise immigration-policy handbooks and expand alternative visa options such as O-1s and L-1s for critical hires.
For employers and applicants needing to keep pace with such fast-moving regulatory changes, VisaHQ can step in as a practical resource. The company’s U.S. visa portal (https://www.visahq.com/united-states/) delivers continuously updated guidance, personalized intake tools, and concierge support that help businesses assess alternative visa categories or rush travel documents when asylum-based work authorization is delayed.
DHS argues that the revisions are needed to curb what it calls “frivolous or merit-less” asylum filings submitted primarily to obtain work authorization. USCIS reports a record 1.4 million pending affirmative asylum claims, a backlog that the agency says drains adjudications staff and drives up corporate processing times for other benefits. For employers, the rule would have an immediate compliance impact. Hiring managers would see far fewer asylum-based EADs in the first year after implementation, and HR teams would need to track a new 12-month “asylum clock” when completing I-9 employment-verification forms. DHS estimates first-year lost earnings of US $2.3 billion for applicants who will be unable to work during the longer waiting period, although it projects a net benefit by discouraging fraudulent claims. The notice of proposed rulemaking is scheduled for publication in the Federal Register on 23 February, launching a 60-day public-comment window. Multinational employers, staffing firms and industry groups are expected to weigh in heavily; many already argue that legitimate talent will be caught in the cross-fire, forcing companies to delay assignments or relocate functions overseas. If the regulation is finalized without major changes, businesses should prepare for delayed onboarding, revise immigration-policy handbooks and expand alternative visa options such as O-1s and L-1s for critical hires.
