Asylum work-permit (EAD) rule (proposed)

Status: Awaiting decision — Employment Authorization Reform for Asylum Applicants (proposed rule) (FR 2026-03595; RIN 1615-AC97)

A proposed rule. The comment period closed April 24, 2026; there is no final rule and no litigation as of July 21, 2026. USCIS said on July 21, 2026 that it is still reviewing the comments received.

Next step: A DHS final rule (no date set) — it would extend the (c)(8) decision timeframe from 30 days to 180 days for applications received on or after its effective date. Legal challenges are expected only if and when a final rule issues.

Verified against the primary source as of 2026-07-25 — status can change with a single court ruling. Official source.

What’s happening

A proposed rule. The comment period closed April 24, 2026; there is no final rule and no litigation as of July 21, 2026. USCIS said on July 21, 2026 that it is still reviewing the comments received.

Who it affects

Asylum applicants (both affirmative cases before USCIS and defensive cases in immigration court) who seek or renew a work permit (the (c)(8) EAD). The proposal would extend the eligibility wait to 365 days, pause new work-permit acceptance during high-backlog periods, and add eligibility limits.

Estimated scale: 1,525,933 — asylum applications pending before USCIS at the end of FY2025 (the work-permit-eligible pool); about 2.3M more cases pend in immigration court.

How it got here

  1. Feb 23, 2026 DHS publishes the proposed rule 'Employment Authorization Reform for Asylum Applicants': extend the (c)(8) EAD wait from 150/180 days to 365 days, pause new acceptance when backlogs are high, and add eligibility requirements.
  2. Apr 24, 2026 The public comment period closes; no final rule issued as of June 26, 2026.
  3. Jul 21, 2026 A separate USCIS correcting amendment (91 FR 45637) restores the 30-day processing timeframe for initial (c)(8) EAD applications at 8 CFR 208.7(a)(1) — the timeframe this proposed rule would replace with 180 days. USCIS states it is still reviewing the comments on the proposal and has not finalized it.

What to watch next

A DHS final rule (no date set) — it would extend the (c)(8) decision timeframe from 30 days to 180 days for applications received on or after its effective date. Legal challenges are expected only if and when a final rule issues.

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.