A new rule proposed by the Department of Homeland Security (DHS) would effectively eliminate the ability of most asylum seekers to obtain legal work permits, according to a report released Wednesday by the Transactional Records Access Clearinghouse (TRAC). The proposal, introduced in February 2026, ties work authorization eligibility to a strict 180-day asylum application processing benchmark. This is a threshold that U.S. Citizenship and Immigration Services (USCIS) has historically been unable to meet and is unlikely to achieve for years under current resource constraints.
The TRAC report states that if the rule is implemented, it would prevent asylum applicants from lawfully working while their applications are pending, severely limiting their ability to support themselves. Under the new framework, applicants are barred from even applying for employment authorization unless the average processing time for affirmative asylum applications is 180 days or less.
This determination would be made by the USCIS Director based on the 90-day period preceding the decision. However, current data shows the average processing time reached 22.8 months in fiscal year 2024, far exceeding the proposed limit.
The impact of this rule extends across the entire immigration system, affecting approximately 1.5 million pending affirmative applications and 2.3 million defensive applications currently before the Immigration Court. While the DHS frames the rule as a measure to deter “frivolous” or “meritless” filings, TRAC researchers argue that the structure ensures even those with legitimate claims will be unable to work legally due to the multi-year case backlogs.
In addition to the processing-time bar, the proposed rule doubles the mandatory waiting period to apply for a work permit from 180 days to 365 days. It also introduces new disqualifying factors, such as a mandatory bar for unlawful entry unless a claim is filed within a 48-hour window, and makes the approval of work permits fully discretionary. TRAC suggests that making these permits discretionary will actually create new inefficiencies, as officers would have to determine asylum eligibility before even considering a work permit.
The report also raises concerns regarding the data integrity of the DHS proposal. While the rule suggests the backlog is driven by meritless claims, TRAC pointed out that 80% of affirmative asylum applications were granted in the most recent complete fiscal year.
The report found significant discrepancies between the data cited in the proposed rule and other published USCIS reports, including conflicting numbers regarding completed and pending cases for fiscal year 2025.
The report argues the proposal seeks to limit access to the asylum process by creating conditions that make it extraordinarily difficult for applicants to survive financially while awaiting a decision on their claims.
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.
