The U.S. Department of Homeland Security (DHS) has proposed major changes to how the U.S. Citizenship and Immigration Services (USCIS) issues work permits. The process to issue work permits to asylum applicants is known as Employment Authorization Documents (EADs). Current law allows asylum applicants with pending applications to receive work authorization in the United States while their claims are pending, however these current changes can impact waiting period times, require more biometric data, and potentially deny EADs.
Key Proposed Changes
- Longer waiting period: Increase the wait time to apply for a work permit from 180 days to 365 days after filing for asylum.
- New eligibility bars: Deny EADs to:
- Applicants with disqualifying criminal activity.
- Those who filed for asylum more than one year after arriving in the U.S. (with limited exceptions).
- Individuals who entered the U.S. illegally (with limited exceptions).
- Mandatory biometrics: Require all asylum-based EAD applicants, including renewals, to submit biometric data (e.g., fingerprints) before receiving work authorization.
- Automatic EAD denial: If the underlying asylum claim is denied while the EAD application is pending, the EAD must also be denied.
- Prioritized review: USCIS must prioritize asylum cases where negative information is discovered during EAD processing.
- Application pause mechanism: USCIS would pause accepting new asylum-based EAD applications whenever average asylum processing times exceed 180 days. Applications would resume only after processing times stay at or below 180 days for 90 consecutive days.
Potential Impact
Because current asylum processing times far exceed 180 days, DHS acknowledges that this pause could effectively halt new asylum-based EAD applications for years. USCIS estimates it could take 14 to 173 years to reach a 180-day average under current conditions, though DHS argues the broader reforms would shorten timelines.
Overall, DHS suggests that the rule would reduce abuse of the asylum system and allow USCIS to focus more resources on legitimate claims. Critics argue it would significantly delay or restrict work authorization for many asylum seekers.
Contact an Asylum Attorney Today
Reeves Immigration Law Group has decades of experience helping immigrants secure asylum approval, achieving success in the most complex cases. Whether you are concerned about asylum, deportation, or obtaining visas, our skilled immigration attorneys are here to help.
With constant changes in legislation, we understand that the risk of deportation is scary, and the answers are not always clear. Contact Reeves Immigration Law Group today to discuss your personal legal options with an asylum attorney.
