REGULATION: Employment Authorization Reform for Asylum Applicants
Citizenship and Immigration Services
Notice Date: Feb. 23, 2026
Effective Date: April 24, 2026
The proposed rule would change filing and eligibility requirements for aliens requesting employment authorization and an employment authorization document (EAD) based on a pending asylum application. The changes include pausing acceptance of EAD applications from asylum applicants during periods when affirmative asylum average processing time exceeds 180 days, extending the waiting period to apply for employment authorization to 365 days, changing EAD application processing time requirements, and adding eligibility requirements.
This regulation is designed to reduce the incentive for aliens to frivolously claim asylum in pursuit of employment authorization. Employment authorization document processing is paused when the average processing time exceeds 180 days and requires aliens to wait 365 days before requesting employment authorization. Another key provision excludes aliens who illegally entered and did not claim asylum or credible fear within 48 hours. While it would be preferable to eliminate discretionary employment authorization for asylum applicants, this rule does drastically reduce the incentive for gaming the system.