New US Rule Could Limit Work Authorization for Pending Asylum Applicants

by awbtravelsnews | February 22, 2026

The United States is moving to change how asylum seekers get permission to work, and it could have a big impact on migrants already in the system.

The Department of Homeland Security has proposed a new rule that would make it harder for people with pending asylum cases to receive work authorisation. The goal is simple: reduce what officials describe as misuse of the asylum process.

Why DHS Wants to Change the Rules

According to DHS, too many people are filing weak or fraudulent asylum claims mainly to get a work permit in the United States.

Right now, once someone applies for asylum, they can later apply for an Employment Authorization Document (EAD) while their case is being processed. With asylum cases often taking years, that work permit becomes the main incentive.

US officials say this has pushed the system to its limits.

The agency reports that applications for work permits linked to asylum cases have hit record levels. At the same time, the US Citizenship and Immigration Services (USCIS) has more than 1.4 million pending affirmative asylum claims. To put that into perspective, that is roughly the population of an entire US state.

What the Proposed Rule Would Do

If the rule is approved, it would change the eligibility and filing requirements for work permits tied to pending asylum applications.

Here is what this means in practical terms:

The idea is to remove what officials see as a key incentive for filing weak claims. DHS says asylum should be reserved for people genuinely fleeing danger, not those primarily seeking work opportunities.

How This Affects Asylum Seekers

For migrants currently in the United States or planning to apply for asylum, this proposal is significant.

At the moment, many applicants rely on work permits to support themselves while their cases move through the system. If eligibility becomes more restrictive, some may face longer periods without legal employment.

It also signals a broader shift in policy. The administration says it wants to strengthen background checks and restore what it calls integrity to both the asylum and work authorization systems.

Part of a Wider Immigration Push

The proposed rule is tied to Executive Order 14159, titled Protecting the American People Against Invasion. That order calls for tighter enforcement of immigration laws and changes to how asylum claims are handled.

DHS argues that the current backlog makes it harder to prioritize people who are truly in need of protection.

What Happens Next

This is still a proposal, not a final rule.

The Department of Homeland Security has published a Notice of Proposed Rulemaking in the Federal Register. A 60-day public comment period begins after publication. During that time, advocacy groups, legal experts, and members of the public can submit feedback.

After reviewing those comments, DHS can finalize, modify, or withdraw the rule.

For migrants, immigration lawyers, and employers watching US asylum policy, the next few months will be important. If finalized, these changes could reshape how asylum-based work permits function in the United States and who qualifies for them.


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