Work Permits / EAD · February 23, 2026
DHS’s February 2026 Asylum Work Permit Proposal: 365-Day Wait and New Eligibility Rules
Key takeaway
On February 23, 2026, DHS published proposed rule 2026-03595, “Employment Authorization Reform for Asylum Applicants,” in the Federal Register. The proposal describes a 365-day waiting period and additional restrictions on asylum-based employment authorization. Until a final rule
On February 23, 2026, DHS published proposed rule 2026-03595, “Employment Authorization Reform for Asylum Applicants,” in the Federal Register. The proposal describes a 365-day waiting period and additional restrictions on asylum-based employment authorization. Until a final rule publishes with an effective date, asylum EAD remains governed by existing regulations and your current approval notices—not the proposal text alone.
Last reviewed June 11, 2026
Key takeaway
DHS’s February 23, 2026 proposed rule would tighten asylum employment authorization, including a described 365-day wait. It is not final. Asylum applicants should preserve every I-589 and I-765 receipt, check whether another EAD basis exists, and avoid letting current cards expire without case-specific review.
What the Proposed Rule Would Change
The Federal Register summary states DHS proposes to reform employment authorization for asylum applicants, including a 365-day wait and eligibility limitations described in the notice of proposed rulemaking.
Proposed rules invite public comment. They do not immediately amend the Code of Federal Regulations.
What Is Still Governed by Current Law
If you already hold a valid asylum-based EAD, continue to follow the expiration date, renewal instructions, and automatic extension rules on USCIS.gov unless USCIS publishes contrary final guidance.
If you filed Form I-765 before any final rule effective date, keep your receipt notice and check online case status.
Employer I-9 Considerations
Employers must reverificate based on valid documents and current USCIS/I-9 guidance, not proposed regulatory text.
If a final rule later changes eligibility, USCIS typically publishes transition instructions—save those if they apply to your workforce.
Who may be affected
Pending asylum applicants who rely on or plan to apply for asylum-based employment authorization, and employers who hire asylum EAD holders.
Who may not be affected
People with final asylum grants, other independent EAD categories, valid nonimmigrant work status, or pending cases outside asylum-based EAD unless a final rule later changes their category.
What To Do Next
- Save Federal Register document 2026-03595 and the GovInfo PDF.
- List every pending immigration form, receipt number, and EAD expiration date.
- Check whether you have another lawful work basis besides asylum EAD.
- Do not miss biometrics or RFE deadlines on pending I-765 filings.
- Give employers only valid documents supported by current I-9 rules.
- Monitor regulations.gov for a final rule—proposals can change before finalization.
What to do next
- Save the full notice, receipt, envelope, and any deadline exactly as written.
- Write a short timeline with dates, agency names, court or facility names, and prior filings.
- If ICE, court, detention, an RFE, NOID, denial, or a close deadline is involved, start intake and mark the issue urgent.
Frequently Asked Questions
Is the 365-day asylum EAD wait in effect now?
Not based on the February 23, 2026 document alone—that date marks a proposed rule, not a stated final effective date in our linked sources.
Should I stop working if I have a valid asylum EAD?
Do not stop working based on a proposed rule if your current EAD remains valid under existing law. Confirm with your documents and counsel.
What if I already applied for asylum EAD?
Keep your receipt notice and monitor USCIS case status. A final rule could include transition rules not visible in the proposal.
Does the proposal affect pending I-589 filings?
The proposal focuses on employment authorization reform for asylum applicants. Read the official NPRM for scope.
Can employers rely on the proposal to terminate workers?
Employers should follow current I-9 and USCIS guidance for valid EADs, not proposed rule text.
Where is the official proposal?
Federal Register 2026-03595 and the GovInfo PDF dated February 23, 2026.
Will comments change the final rule?
DHS may revise provisions after the comment period. The final rule text may differ from the proposal.
Does this interact with H.R.-1 asylum fees?
Asylum fees and asylum EAD are related topics but governed by separate Federal Register actions. Review each notice separately.
What documents should I organize?
I-589 receipts, I-765 receipts, biometrics notices, prior EAD cards, and employer I-9 copies if available.
Can I travel while asylum EAD is pending?
Travel during pending asylum can carry serious risks. Do not travel without case-specific review.
Does this page promise I will get an EAD?
No. This is general information only, not legal advice.
Sources & Further Reading
Need help understanding your notice or deadline?
Start intake with the notice, deadline, A-number or receipt number if available, and the safest callback number. The firm reviews the request before confirming next steps.