The Department of Homeland Security (DHS) has announced a proposed rule that would effectively halt the issuance of work permits for most asylum seekers. Published on February 20, 2026, the rule would suspend the acceptance of work permit applications until U.S. Citizenship and Immigration Services (USCIS) can process asylum cases within an average of 180 days. With a current backlog of over 1.4 million cases, this requirement could mean an indefinite pause on new work authorizations. The proposal also seeks to increase the waiting period for eligibility from 180 days to a full year and would disqualify many who crossed the border without authorization from receiving a work permit at all. This represents a significant shift in U.S. immigration policy, moving to disincentivize what the administration calls "frivolous" asylum claims. The rule is now in a 60-day public comment period, during which individuals and organizations can submit feedback. This change could leave hundreds of thousands of asylum seekers without the ability to legally support themselves and their families while they await a decision on their cases, a process that already takes several years. The keywords for this post are: immigration news 2026, visa updates, policy changes.
DHS Proposes Indefinite Pause on Asylum Seeker Work Permits
DHS has proposed a new rule that would effectively create an indefinite pause on work permits for asylum seekers by tying their issuance to unachievable processing time goals.
What This Means for You:
- Key Point 1: You may be unable to obtain a work permit based on a pending asylum application for the foreseeable future if this rule is finalized.
- Who Should Be Concerned: Anyone who has recently applied for asylum or is planning to apply for asylum in the United States.
- Timeline for Action: The rule is in a 60-day public comment period. It is not yet in effect. If you are currently eligible to apply for a work permit based on your pending asylum case, you should do so immediately.
- Next Steps: Consult with an immigration attorney to understand how this proposed rule could impact your case. Consider submitting a public comment to voice your concerns about the proposed changes.
Source: Uscis.gov