The Department of Homeland Security (DHS) has quietly released a Notice of Proposed Rulemaking (NPRM) that would dramatically lengthen – and in some cases freeze – access to Employment Authorization Documents (EADs) for people with pending asylum applications. Published in the Federal Register on February 23, the rule would:
• Extend the minimum wait to file an initial asylum-based EAD from 150 to 365 days after U-SCIS receives a complete Form I-589.
• Authorize U-SCIS to stop accepting any new EAD filings whenever the average processing time for affirmative asylum exceeds 180 days – a benchmark the agency already fails to meet. Under current backlogs, officials concede the “pause” could last “many years.”
If finalized, the change would up-end hiring and onboarding for thousands of employers who rely on asylum-based work authorization. Human-resources teams would need to build contingency plans for start-date delays, extend I-9 reverification cycles, and identify positions that could be staffed by other visa categories or temporary labor. Large hospitality, agriculture, healthcare and gig-economy firms – all heavy users of “c-8” EADs – are expected to lobby fiercely against the rule.
![DHS proposes 365-day wait and possible ‘pause’ on work permits for asylum seekers]()
Amid this uncertainty, VisaHQ can serve as a practical ally for employers and foreign nationals. Through its U.S. portal (https://www.visahq.com/united-states/), the platform walks users through alternative visa categories—such as H-2B, TN, or O-1—automates document assembly, and tracks government processing, helping companies keep critical hires on the payroll even if asylum EADs are delayed.
The proposal revives Trump-era efforts that courts halted in 2020. DHS argues that longer waits will deter fraudulent asylum filings and align with congressional intent that applicants be self-sufficient. Immigrant-rights groups counter that the rule punishes bona-fide refugees, pushes them into the underground economy, and will increase homelessness and reliance on public assistance.
Public comments are due April 24, 2026. Analysts expect a flood of responses from business coalitions, state workforce agencies and humanitarian organizations. Given likely litigation, employers are being advised to track high-stakes employees who depend on asylum EADs and to budget for alternative visa sponsorship or extended unpaid leave if the rule takes effect later this year.
• Extend the minimum wait to file an initial asylum-based EAD from 150 to 365 days after U-SCIS receives a complete Form I-589.
• Authorize U-SCIS to stop accepting any new EAD filings whenever the average processing time for affirmative asylum exceeds 180 days – a benchmark the agency already fails to meet. Under current backlogs, officials concede the “pause” could last “many years.”
If finalized, the change would up-end hiring and onboarding for thousands of employers who rely on asylum-based work authorization. Human-resources teams would need to build contingency plans for start-date delays, extend I-9 reverification cycles, and identify positions that could be staffed by other visa categories or temporary labor. Large hospitality, agriculture, healthcare and gig-economy firms – all heavy users of “c-8” EADs – are expected to lobby fiercely against the rule.
Amid this uncertainty, VisaHQ can serve as a practical ally for employers and foreign nationals. Through its U.S. portal (https://www.visahq.com/united-states/), the platform walks users through alternative visa categories—such as H-2B, TN, or O-1—automates document assembly, and tracks government processing, helping companies keep critical hires on the payroll even if asylum EADs are delayed.
The proposal revives Trump-era efforts that courts halted in 2020. DHS argues that longer waits will deter fraudulent asylum filings and align with congressional intent that applicants be self-sufficient. Immigrant-rights groups counter that the rule punishes bona-fide refugees, pushes them into the underground economy, and will increase homelessness and reliance on public assistance.
Public comments are due April 24, 2026. Analysts expect a flood of responses from business coalitions, state workforce agencies and humanitarian organizations. Given likely litigation, employers are being advised to track high-stakes employees who depend on asylum EADs and to budget for alternative visa sponsorship or extended unpaid leave if the rule takes effect later this year.
