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The Hard Truth: This New Rule Could Hurt Asylum Applicants by Making It Harder and Longer to Apply for Work Permit After Asylum

On Feb. 20, 2026, DHS published a proposed new rule (DHS News Post is here: DHS News Release and the related Proposed Federal Register Publication for Public Inspection is here: Proposed Rule) that stands to change asylum seekers’ processing. This includes new restrictions on work permits (EADs) and increased delays for applicants.

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 resolve. This will be incredibly difficult for people already struggling to survive in the U.S.

2. Biometrics and Security Checks Could Delay Your Asylum Work Permit Case Further

The proposed rule would require biometric screening, including fingerprinting and facial scans, for asylum applicants seeking work permits. Background checks are important for national security. However, extra requirements could add months of delays to an already slow asylum process. This would make it even harder for you to obtain the work permit you need to support yourself and your family.

3. Work Permits Will Be More Difficult to Obtain after Asylum

The new rule also proposes that if you are denied a case before your work permit issuance, you are not eligible for a work permit. If you file your asylum application more than one year after entering the U.S., you may be ineligible for a work permit, unless there’s an exception. This is a major blow to people who are struggling and need the right to work sooner.

4. Work Permit Applications May Pause 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 overwhelmed. This proposed rule could worsen the backlog, leaving you without legal means to support yourself while your case is pending.

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 waiting.

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 commit 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 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 Shepelsky Law Group Booking 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.

Frequently Asked Questions

  1. When can asylum seekers apply for a work permit?
    Asylum seekers can apply for a work permit 150–180 days after filing their asylum application. However, the process can be complex and full of delays, especially under the new DHS rule. To ensure your correct and prompt application filing, consult with an experienced immigration lawyer who can guide you through the process. Contact Shepelsky Law Group today for expert assistance.
  2. When can I apply for a work permit after asylum?
    You can apply for a work permit after your asylum case is pending for at least 150 days, but delays and new requirements may affect your timeline. Navigating this process can be challenging, which is why having the right legal support is essential. Our team at Shepelsky Law Group is here to help you understand your rights and expedite the process. Schedule a consultation today to get the legal support you need.
  3. How do I apply for a work permit as an asylum seeker?
    The application process for a work permit involves filing Form I-765, among other documents. With the proposed changes to asylum policies, it’s crucial to understand every detail to avoid unnecessary delays. At Shepelsky Law Group, we specialize in asylum and immigration law, ensuring proper submission of your application. Contact us today to learn how we can assist with your work permit application and your asylum case.