The Department of Homeland Security (DHS) has reversed course on a controversial April rule that eliminated the long-standing requirement for U.S. Citizenship and Immigration Services (USCIS) to decide first-time employment authorisation applications from asylum-seekers within 30 days. In a Federal Register “correction” published on 21 July 2026, DHS reinstated the 30-day clock and made the change retroactive to 29 May 2026, the effective date of the earlier interim final rule. The April rule had triggered a lawsuit from labour unions and immigrant-rights groups, who argued that lengthier processing times would push vulnerable applicants into the underground economy and violate the Administrative Procedure Act. Although that case remains pending, DHS’s about-face removes the immediate legal and practical uncertainty that had already stalled thousands of EAD filings and caused employers to shelve hiring plans for asylum applicants. USCIS service centres are expected to begin applying the 30-day standard immediately, with cases filed since late May receiving priority review. For corporate mobility managers, the restoration is welcome news. The 30-day adjudication window allows companies to onboard talent with pending asylum claims far more quickly, ensuring compliance with federal Form I-9 rules while avoiding costly interim staffing arrangements. Law firms advising multinational employers are urging clients to identify asylum-seeker candidates who may now be eligible for rapid work permission and to monitor any future litigation that could again alter the timeline. The correction does not affect a separate DHS proposal issued in February that seeks to lengthen the clock to 180 days and pause EAD receipts altogether when affirmative-asylum backlogs exceed six months. Stakeholders therefore face another comment period and the possibility of renewed court challenges later this year. In the meantime, however, the reinstated 30-day rule restores a measure of predictability for businesses that rely on asylum-related work authorisation to fill critical labour gaps.
Source: Manifest Law
