Asylum Work Permit Rules Are Changing in 2026
If you are waiting for asylum in the United States, you may soon have to wait a full year before you can apply for a work permit. The federal government is proposing to double the current waiting period — from 180 days to 365 days. For hundreds of thousands of asylum seekers, that could mean a year with no legal right to work.
What Is Changing and Why
Right now, asylum seekers must wait 180 days after filing Form I-589 (the application for asylum) before they can apply for Form I-765 (the application for a work permit, also called an Employment Authorization Document or EAD). The government is now proposing to change that waiting period to 365 calendar days. This proposed rule would apply to asylum applications filed on or after the date the final rule takes effect.
The Department of Homeland Security (DHS) says the change is needed because the asylum backlog is enormous. According to USCIS data from May 2025, the agency is still processing newer cases under a last-in, first-out system — meaning older cases keep waiting. DHS also points to fraud concerns. Internal data shows that by fiscal year 2024, 89 percent of asylum applicants whose cases were denied had already received at least one approved work permit. DHS argues that if cases were decided faster, fewer people whose claims are ultimately denied would ever receive work authorization.
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The proposed rule would also end the automatic extension of work permits for asylum seekers. As of October 30, 2025, USCIS stopped automatically extending EADs in this category. That means when your current work permit expires, you must file a renewal — and USCIS must approve it — before you can keep working legally. USCIS advises asylum seekers to file their renewal Form I-765 within 6 months of their current EAD's expiration date. The filing fee for Form I-765 is $520.
What This Means for People Already Waiting
If your asylum application is already pending, the current 180-day clock rules would still apply to your case under the proposal. The new 365-day waiting period would only affect people who file new asylum applications after the final rule takes effect. However, the end of automatic EAD extensions affects everyone right now — including people with cases already pending. If your work permit is expiring soon, you need to file a renewal as early as possible. Do not wait until the last minute.
What to Do
- Check the expiration date on your current work permit (EAD). If it expires within the next 6 months, file a renewal Form I-765 now. The filing fee is $520.
- If you have not yet filed your asylum application (Form I-589), lawyers recommend filing as soon as possible — your 365-day (or 180-day, under current rules) waiting clock does not start until USCIS receives your application.
- Keep copies of everything you file and every receipt notice USCIS sends you. You will need these to prove your filing date and track your waiting period.
- Talk to an immigration lawyer before making any decisions about your case, especially if your work permit is expiring or your asylum interview has been scheduled.
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The end of automatic EAD extensions is already in effect as of October 30, 2025, which means asylum seekers cannot assume their work authorization continues past the expiration date printed on their card — they must file and receive approval for a renewal. If you filed a renewal and USCIS has not yet decided it by the time your EAD expires, document everything carefully, because gaps in work authorization can affect your employment and your case. Given how quickly these rules are changing, anyone with a pending asylum case or expiring EAD should consult an immigration attorney as soon as possible.