The Department of Homeland Security on Friday proposed a rule to strip away the key lure of fraudulent asylum claims: employment authorization that lets migrants work legally in the U.S. while their cases are pending.
The move targets a surge in meritless applications that have clogged the immigration system. U.S. Citizenship and Immigration Services is processing more than 1.4 million pending affirmative asylum claims—a backlog equal to New Hampshire’s population—as officials say nearly every ineligible migrant files one to game the work permit system. Average processing times have exceeded 1,200 days in recent years—far beyond the 180-day statutory goal set by Congress in 1996.
The proposed rule would pause the acceptance of new initial “c8” EAD applications when affirmative asylum processing exceeds 180 days for 90 straight days, a threshold already surpassed that could last 14–173 years depending on filing reductions.
Key reforms extend the wait to apply for work permits from 150 days to 365 calendar days after filing a complete asylum application, lengthen USCIS adjudication from 30 to 180 days for new initials, and bar EADs for those likely ineligible for asylum—like late filers past the one-year deadline (affecting ~521,000 pending cases), illegal entrants without prompt fear claims, or those with serious criminal bars. Biometrics would be required for all initial and renewal EADs to boost vetting, fraud detection, and public safety checks.
“For too long, a fraudulent asylum claim has been an easy path to working in the United States,” a DHS spokesperson said. “We are proposing an overhaul of the asylum system to enforce the rules and reduce the backlog we inherited from the prior administration. Aliens are not entitled to work while we process their asylum applications.”
If finalized, the rule would tighten filing deadlines and eligibility for work permits tied to pending asylum applications. It aims to free up resources for legitimate refugees, cut processing times and restore “integrity” to the system, according to DHS.
The proposal aligns with President Donald Trump’s Executive Order 14159, “Protecting the American People Against Invasion.” A 60-day public comment period begins after publication of the Notice of Proposed Rulemaking in the Federal Register.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
