USCIS proposes EAD limits
USCIS has proposed a rule that would deny work authorization to certain asylum applicants by extending waiting periods and narrowing eligibility for EADs — the change would apply to new filings once effective. The proposal could significantly reduce access to lawful work for people with pending asylum claims and reshape timing for filings and client planning. (findlaw.com)
The Department of Homeland Security published a 220‑page Notice of Proposed Rulemaking titled “Employment Authorization Reform for Asylum Applicants” in the Federal Register on February 23, 2026 (RIN 1615‑AC97; 8 CFR parts 208 and 274a), and set a public‑comment deadline of April 24, 2026. (govinfo.gov) The NPRM authorizes USCIS to pause acceptance of initial (c)(8) EAD applications when the average processing time for affirmative asylum applications exceeds 180 days over a consecutive 90‑day adjudication period. (federalregister.gov) The proposal would change the application timetable by making asylum‑based EAD eligibility begin at 365 calendar days from the I‑589 receipt date and by tying the filing date to USCIS’s determination that the I‑589 is properly filed under 8 CFR 103.2. (govinfo.gov) (shautsova.com) USCIS would gain up to 180 days to adjudicate an initial (c)(8) EAD (up from the current 30‑day standard) and the NPRM would require biometric submissions for all initial and renewal (c)(8) EAD filings. (govinfo.gov) The text adds enumerated ineligibilities: applicants subject to criminal‑based asylum bars, those whose asylum application is denied within the 365‑day waiting period, I‑589 filings more than one year after arrival if filed on or after the rule’s effective date, and entrants without inspection on or after the effective date (with limited exceptions). (immpolicytracking.org) (govinfo.gov) DHS reported USCIS’s affirmative asylum pending caseload at roughly 1.45 million and EOIR’s asylum docket at over 2.37 million, and noted USCIS received about 152,000 initial (c)(8) EAD applications in January 2025 alone (with a FY2025 projection of up to 1.82 million initial filings if volumes continued). (govinfo.gov) The proposed regulatory text flags certain provisions as applying only to initial (c)(8) EADs while other provisions would apply to initial and renewal EADs filed on or after the final rule’s effective date, and DHS will not finalize or set an effective date until after the April 24, 2026 comment period closes. (shautsova.com) (govinfo.gov)
