On February 20, 2026, the U.S. Department of Homeland Security (DHS) announced a proposed rule titled “Employment Authorization Reform for Asylum Applicants”, published in the Federal Register on February 23, 2026. The rule aims to curb the incentive for filing frivolous, fraudulent, or meritless asylum claims primarily to obtain an Employment Authorization Document (EAD).

Key Objectives:

• Restore integrity to the asylum system.
• Reduce massive backlogs.
• Prioritize genuine asylum cases and enhance national security.

Major Proposed Changes:

1. 1. Extend waiting period for EAD filing: From 180 days to 365 calendar days after asylum application receipt.
   2. Pause acceptance of new EAD applications: USCIS may suspend intake of initial (c)(8) EADs if average affirmative asylum processing time exceeds 180 days (potentially for years given current backlogs).
   3. Add eligibility bars: Deny EADs to those ineligible for asylum (e.g., criminal bars), late filers (>1 year without exception), or unlawful entrants outside ports of entry.
   4. Mandatory biometrics: Required for all initial and renewal EAD applications.
   5. Prioritization of asylum cases: Allow USCIS to fast-track asylum adjudication if derogatory info emerges during EAD review.

DHS states the changes will deter abuse of the system for work authorization while freeing resources for meritorious cases. This is a proposed rule only—public comments are accepted until April 24, 2026.

Supporters view it as protecting American jobs and security; critics worry it harms legitimate asylum seekers by extending financial hardship.

FAQ – Frequently Asked Questions on DHS February 2026 Asylum EAD Proposal

1. 1. Is this rule in effect now? No, it’s a proposed rule. Finalization comes after public comments and review.
   2. What is the current vs. proposed EAD wait time? Current: Eligible to apply after ~150-180 days. Proposed: Must wait 365 days to file for EAD.
   3. Could EAD applications be paused entirely? Yes—if affirmative asylum processing averages >180 days, new initial EAD filings may be suspended.
   4. Who is most impacted? New asylum applicants, especially those with unlawful entry or late filings.
   5. How to stay updated? Monitor Federal Register, USCIS.gov, or submit comments by April 24, 2026.