The U.S. Department of Homeland Security (DHS) published a 220-page notice of proposed rulemaking (NPRM) in the Federal Register on February 23 2026 that would dramatically tighten the rules that let asylum applicants obtain Employment Authorization Documents (EADs). The proposal—titled “Employment Authorization Reform for Asylum Applicants”—would pause the acceptance of initial EAD filings whenever the average processing time for affirmative asylum exceeds 180 days, double the mandatory waiting period for an initial (c)(8) EAD from 180 to 365 days, and add new bars for applicants who entered unlawfully, missed the one-year filing deadline, or have certain criminal histories. USCIS says the changes are meant to “enhance benefit integrity, address national-security and public-safety concerns, and mitigate undue strains on agency resources.” The agency reports that initial asylum-based EAD receipts have reached historic highs, diverting adjudicating officers from other core work. By reducing the perceived incentive to file meritless asylum claims merely to gain work permission, officials hope to free capacity for bona-fide cases and speed overall asylum processing. For employers, the proposal could significantly lengthen the period before newly arrived asylum seekers can enter the labor force—particularly in sectors such as hospitality, food processing and construction that routinely hire EAD holders. Companies that already struggle with record-low unemployment may need to revise staffing plans, expand recruiting in the domestic market, or consider parole-based programs as alternatives. Human-resources teams will also need to track more complex I-9 re-verification timelines because renewal processing times may change under the rule. Non-profit resettlement agencies warn that longer waits will push asylum seekers onto overstretched charitable assistance and may hinder their integration. Business groups worry that freezing EAD intake when backlogs spike could create unpredictable labor shortages in certain metro areas. DHS is accepting public comments until April 24 2026 and will need to address economic-impact concerns before issuing a final rule, which cannot take effect until at least 60 days after publication.
Source: Federal Register
