DHS Proposed Rule on Employment Authorization for Asylum Applicants

DHS published a notice of proposed rulemaking (NPRM) to modify the employment authorization process for asylum applicants. Among other changes, the proposed rule would stop acceptance of asylum seekers’ EAD applications during periods when average processing time for affirmative asylum exceeds 180 days, extend the waiting period to apply for employment authorization to 365 days, change EAD application processing time requirements, and add eligibility requirements. Comments are due 4/24/36. (91 FR 8616, 2/23/26)

DEPARTMENT OF HOMELAND SECURITY

8 CFR Parts 208 and 274a

[CIS No. 2799–25; DHS Docket No. USCIS– 2025–0370]

RIN 1615–AC97

Employment Authorization Reform for Asylum Applicants

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Notice of proposed rulemaking.