New employment rules for asylum seekers in the US: what the Department of Homeland Security is changing

The U.S. Department of Homeland Security has proposed changes to the rules governing work authorization for asylum seekers. The changes were prompted by the overburdened U.S. Citizenship and Immigration Services (USCIS), long delays in processing initial applications, and a historically high volume of employment authorization document (EAD) applications. The proposed changes affect the deadlines for submitting documents, the conditions for obtaining a work permit and the procedure for its consideration, and are intended to make the system more controlled and secure.

Main provisions of the new rules

The proposal of the Department of Homeland Security provides for significant changes to the EAD (c)(8) category, which applies to asylum applicants. Previously, the right to submit employment documents arose 180 days after receiving a complete asylum application, and USCIS was required to consider such applications within 30 days. It is now proposed to extend the expected period to 365 calendar days, as well as increase the maximum processing time for initial applications to 180 days.

In addition, a mechanism is provided for suspending the acceptance of new EAD applications if the average processing time for initial applications within 90 days exceeds 180 days. Once the processing time is normalized, USCIS will resume accepting applications.

All EAD applicants, including those applying for an extension of authorization, will be required to provide biometric data. Refusal to provide biometrics or missing the assigned dates will result in the refusal to issue the document. This step is aimed at confirming the applicant’s identity, preventing fraud and the use of multiple identities to obtain work authorization.

Eligibility and Restrictions

The new rules establish a number of criteria that may limit access to EAD:

• Denial for applicants whose cases may be rejected due to criminal violations.

• Refusal for those who apply for asylum more than a year after arriving in the United States, except in certain cases.

• Refusal for individuals who entered without documents and did not declare their intention to apply for asylum within 48 hours of arrival, except for unaccompanied minors.

It also provides for priority consideration of asylum applications if information that threatens national security or public safety is revealed during the verification of employment documents. This will reduce the processing time for potentially fraudulent cases and focus USCIS resources on meritorious cases.

The same requirements apply to EAD extensions as for initial applications, including mandatory biometrics and criminal background checks. Individuals who fail to attend scheduled events or who decline to renew their asylum application will no longer be eligible for work authorization. This allows USCIS to allocate resources more efficiently and reduce its caseload.

Economic and Social Impact

Delays in issuing work authorizations can significantly limit the income of applicants. USCIS estimates annual revenue losses of $34.6 billion to $126.6 billion. Some of these resources could be redirected to American workers filling positions vacated by EAD applicants, potentially reducing the burden on state support programs and optimizing federal and local resources.

In addition, the introduction of mandatory biometrics and stricter eligibility requirements should reduce the number of unfounded and fraudulent applications, allowing USCIS to more effectively allocate limited resources to processing cases with valid grounds for asylum.

The proposed changes create a more structured and controlled employment system for asylum applicants in the United States, establish clear deadlines and eligibility criteria for EADs, and allow for greater control over the application process, while protecting state resources and increasing the efficiency of processing cases with valid grounds. This initiative aims to reduce delays, limit fraudulent applications, and provide more predictable access to work permits for those who truly need protection.