The Department of Homeland Security on July 28, 2026, quietly posted an interim final rule that rewrites the way affirmative asylum applications are handled. Beginning September 28, USCIS asylum officers will be permitted—but not required—to skip the traditional in-person interview and refer certain cases directly to the Executive Office for Immigration Review (EOIR) for adjudication by an immigration judge. According to the rule, the change targets applications viewed as either facially fraudulent or otherwise unlikely to succeed, with the goal of reducing the record-high 1.3 million-case asylum backlog. USCIS argues that eliminating an “unnecessary interview” will conserve agency resources and shorten overall processing times, allowing officers to focus on stronger claims. For applicants, the practical effect is profound. Referral to EOIR places an individual into removal proceedings, requires attendance at master-calendar and merits hearings, and typically lengthens the path to final relief. Attorneys note that asylum seekers will also lose the ancillary benefits that come with a pending affirmative application—most notably eligibility for an employment authorization document 180 days after filing. Business immigration stakeholders are watching closely because many corporate transferees and international students apply for asylum as a bridge strategy when other visa options collapse. Losing the interview step may accelerate the need for companies to decide whether to fund removal-defense litigation for valued employees. It may also shrink the universe of foreign nationals able to work lawfully while awaiting an asylum decision. Comments on the interim rule are due 60 days after publication, but DHS has invoked the “good cause” exception to make the policy effective immediately upon posting. Litigation is considered likely; several advocacy groups have already signaled that they will challenge the rule as a violation of due-process rights under the Immigration and Nationality Act.
