If you are an asylum seeker in the United States, recent changes proposed by the U.S. Department of Homeland Security (DHS) could have a significant negative impact on your ability to live and work legally while your asylum claim is pending. This new rule aims to strengthen security measures, but it could also create unnecessary hardships for individuals already facing a difficult and uncertain path to safety in the U.S.
The Hard Truth: This New Rule Could Hurt Asylum Applicants by Making It Harder and Longer to Get Employment Authorization
On Feb. 20, 2026, DHS published a proposed new rule (DHS News Post is here: https://www.uscis.gov/newsroom/news-releases/dhs-proposes-rule-to-prioritize-americans-safety-by-strengthening-screening-of-asylum-seekers and the related Proposed Federal Register Publication for Public Inspection is here: https://public-inspection.federalregister.gov/2026-03595.pdf ) that stands to change the way asylum seekers are processed, including new restrictions on work permits (EADs) and increased delays for applicants.
Here’s what it means for you:
1. Work Permit Wait Times Will Double
Currently, asylum seekers can apply for a work permit 150–180 days after filing their asylum application. Under the new rule, this waiting period would increase to 365 days — one full year. Imagine being forced to wait a whole year without the ability to support yourself while you wait for your asylum case to be decided. This will be incredibly difficult for people already struggling to survive in the U.S.
2. Biometrics and Security Checks Could Delay Your Case Further
The proposed rule would require biometric screening, including fingerprinting and facial scans, for asylum applicants seeking work permits. While background checks are important for national security, these extra requirements could add months of delays to an already slow asylum process, making it even harder for you to get the work permit you need to provide for yourself and your family.
3. Work Permits Will Be More Difficult to Obtain
The new rule also proposes that if your asylum case is denied before your work permit is issued, you will no longer be eligible for a work permit. In addition, if you file your asylum application more than one year after entering the U.S., you may be ineligible for a work permit unless you qualify for an exception. This is a major blow to people who are already struggling and need the right to work while they wait for their case to be resolved.
4. Work Permit Applications Could Be Paused Entirely
One of the most concerning parts of this rule is that DHS could halt the acceptance of new work permit applications for asylum seekers altogether if the asylum backlog grows too large. The U.S. asylum system is already overwhelmed, and this proposed rule could make the backlog worse, leaving you with no way to legally support yourself while waiting for your case to be heard.
Why This Is So Dangerous for You
The new proposed rule would create significant barriers to the already challenging asylum process. You came to the U.S. seeking safety, but now the government is making it harder for you to survive while your asylum case is pending. With longer wait times for work permits, more hurdles to obtaining a permit, and potential pauses on all work permit applications, this rule could make life even harder for people who are already living in limbo.
This proposed rule would also put your safety at risk, as many asylum seekers depend on their ability to work legally in the U.S. to support themselves and their families. Without this ability, many will face financial ruin, food insecurity, and a worsening of their mental and physical health while they wait for their asylum claims to be processed.
Hope for the Future: Legal Action to Stop This Rule
It’s important to note that this is just a proposed rule, not yet a law. Asylum advocates and immigrant rights groups are already speaking out against this rule, and there is a strong possibility that federal lawsuits will be filed to prevent it from going into effect. We can only hope that the courts will see the injustice of this rule and stop it from further harming vulnerable asylum seekers.
What You Can Do Now
If you’re an asylum seeker in the U.S. or planning to apply, these proposed changes could directly affect your future. It’s more important than ever to consult with an experienced immigration lawyer who can help you understand your rights and options moving forward.
At Shepelsky Law Group, we’re committed to fighting for your rights and helping you navigate the ever-changing landscape of U.S. immigration law. We’re here to guide you through this difficult time and ensure that your case is handled properly, despite these new challenges.
Don’t wait until it’s too late. Call Shepelsky Law Group today at (718)769-6352 or book a consultation at Shepelskylaw.Cliogrow.com/Book to discuss your asylum case and learn about your options for fighting this new rule. We’re here to help you get the justice and safety you deserve. You shouldn’t have to suffer any longer—let us be your voice in this fight for fairness.