Asylum Work Permit Wait May Double to 365 Days
If you are waiting for asylum in the United States, the clock on your work permit may be about to get much longer. The federal government is proposing to double the waiting period for asylum seekers to get a work permit — from 180 days to a full year. For hundreds of thousands of people already struggling to survive without legal work authorization, the stakes could not be higher.
The federal government is proposing a major change to how asylum seekers get permission to work in the United States. Right now, if you applied for asylum (protection from persecution in your home country), you must wait 180 days before you can apply for a work permit — officially called an Employment Authorization Document, or EAD. Under the new proposed rule, that wait would double to 365 days.
Why the Government Wants to Change the Rule
The Department of Homeland Security (DHS) says the current system has created a massive backlog. According to USCIS data from May 2025, there are hundreds of thousands of asylum applications still waiting to be decided. DHS argues that the 180-day waiting period was designed for a time when cases moved faster. Today, most asylum applications take years to process — not months. DHS also says that many people whose asylum cases are eventually denied had already received work permits. In fiscal year 2024, 89% of asylum applicants who were denied had already received at least one approved work permit (EAD). The agency says this shows the current system is being used in ways it was not intended.
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The proposed rule would also change how the waiting period is counted. Instead of the current complex "EAD Clock" system — which stops and starts based on delays — the new rule would use a simple 365-calendar-day count from the date you filed your asylum application (Form I-589, the application for asylum and withholding of removal). DHS says this simpler method will be easier to understand and track. Separately, a court settlement called Garcia Perez v. DHS, approved in September 2024, gave asylum seekers the right to check and challenge their EAD Clock. The new rule, if finalized, would replace that system with the flat 365-day count.
What This Means for Asylum Seekers
If this rule becomes final, anyone who files a new asylum application after the rule's effective date would have to wait a full year before applying for a work permit. That is a significant change. During that year, you would not be able to legally work in the United States based on your pending asylum case. People who already filed their asylum application before the rule takes effect would still be under the old 180-day rule. DHS has not yet announced a final effective date for this change — it is still in the proposed stage, meaning the public can comment on it before it becomes law.
What to Do
- If you have already filed Form I-589 (your asylum application) and your 180-day waiting period has passed, apply for your work permit (Form I-765, Application for Employment Authorization) as soon as possible — do not wait.
- If you have not yet filed your asylum application, talk to an immigration lawyer before filing. The timing of your filing directly affects when you can apply for a work permit.
- If your current work permit (EAD) is expiring, USCIS recommends filing your renewal application within 6 months of the expiration date. Do not wait until it expires.
- Follow updates on this proposed rule. It is not final yet. An immigration lawyer can help you understand how it affects your specific case.
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This proposed rule is not yet final, which means asylum applicants who file Form I-589 now are still subject to the 180-day waiting period — not 365 days. If you are approaching or past the 180-day mark, file Form I-765 right away, because USCIS processes these on a rolling basis and delays cost you authorized work time. Anyone whose case is still pending should also verify their EAD Clock status, since the Garcia Perez settlement currently gives you the right to request that information and challenge any stops to the clock — a right that could disappear if this rule is finalized. Consult an immigration attorney to protect your position before the rules change.