The Department of Homeland Security has unveiled a 64-page proposed rule that would dramatically tighten eligibility for Employment Authorization Documents (EADs) based on a pending asylum claim. Published in the February 23, 2026 Federal Register, the proposal would 1) pause all new (c)(8) EAD filings whenever the average affirmative-asylum backlog tops 180 days, 2) lengthen the waiting period to apply from 180 to 365 days, 3) expand criminal-history bars, and 4) require biometrics at every initial and renewal filing. (regulations.justia.com)
DHS argues the changes are needed to discourage “frivolous or meritless” asylum filings lodged primarily to secure work authorization and to re-allocate adjudication resources. The agency estimates asylum applicants could lose between $35 billion and $127 billion in wages each year if the rule is finalized, with corresponding costs to employers struggling to fill jobs. Conversely, DHS says U.S. workers may benefit if companies hire domestically instead of relying on asylum-based EAD holders.
![DHS Proposes Sweeping Limits on Work Permits for Asylum Seekers]()
In this environment, VisaHQ can help employers and foreign nationals evaluate alternative visa options, track document expiry, and assemble compliant application packets. Their online portal (https://www.visahq.com/united-states/) centralizes requirements for dozens of U.S. visa categories, providing real-time updates that can mitigate workforce disruptions caused by EAD processing changes.
From a compliance perspective, U.S. employers would need to tighten reverification calendars because (c)(8) cards would be valid for only 18 months and renewals could be delayed by the filing pause. Industries that rely on large numbers of asylum-based employees—hospitality, agriculture, manufacturing—could face acute labor shortages. Mobility and HR teams should identify affected workers now and explore alternative visa strategies.
Stakeholders have 60 days to submit comments. Given the proposal’s scope, legal challenges are likely; however, observers note that several provisions mirror policies tested during earlier administrations, suggesting DHS has anticipated potential litigation.
DHS argues the changes are needed to discourage “frivolous or meritless” asylum filings lodged primarily to secure work authorization and to re-allocate adjudication resources. The agency estimates asylum applicants could lose between $35 billion and $127 billion in wages each year if the rule is finalized, with corresponding costs to employers struggling to fill jobs. Conversely, DHS says U.S. workers may benefit if companies hire domestically instead of relying on asylum-based EAD holders.
In this environment, VisaHQ can help employers and foreign nationals evaluate alternative visa options, track document expiry, and assemble compliant application packets. Their online portal (https://www.visahq.com/united-states/) centralizes requirements for dozens of U.S. visa categories, providing real-time updates that can mitigate workforce disruptions caused by EAD processing changes.
From a compliance perspective, U.S. employers would need to tighten reverification calendars because (c)(8) cards would be valid for only 18 months and renewals could be delayed by the filing pause. Industries that rely on large numbers of asylum-based employees—hospitality, agriculture, manufacturing—could face acute labor shortages. Mobility and HR teams should identify affected workers now and explore alternative visa strategies.
Stakeholders have 60 days to submit comments. Given the proposal’s scope, legal challenges are likely; however, observers note that several provisions mirror policies tested during earlier administrations, suggesting DHS has anticipated potential litigation.
