02/23/2026 On February 20, 2026, DHS introduced a proposed rule that could significantly change how work permits (EAD) are issued for asylum applicants under category (c)(8). ❗️Important: This is only a proposal. It has not yet taken effect and will go through a public comment process. What changes are being proposed? ▪️ Increase the waiting period to apply for an EAD from 180 to 365 days after filing Form I-589. Filing earlier than 365 days would result in denial. ▪️ Increase processing time for initial EAD applications from 30 to 180 days. ▪️ Expand the grounds for denying work permits. ▪️ Introduce an automatic suspension mechanism for accepting new initial EAD applications if the average processing time for affirmative asylum cases at USCIS exceeds 180 days for 90 consecutive days. Given current backlogs, this mechanism could lead to prolonged suspension of new work permits. Important detail In the proposal, DHS provides internal estimates suggesting that reaching an average processing time of 180 days (the threshold to lift the “pause”) could take 14 to 173 years, depending on reductions in new filings. DHS argues that other provisions of the rule would help accelerate processing. However, this estimate has sparked significant debate among experts. Have similar attempts been made before? Yes. In 2020, there was an attempt to extend the waiting period to 365 days. That rule was challenged in federal court and later vacated. Today, however, the judicial landscape differs from 2020, so the outcome of future challenges is not guaranteed. Will this be challenged? Very likely — yes. Regulatory changes of this kind almost always face judicial review. We can expect: ▪️ federal lawsuits ▪️ attempts to obtain injunctions ▪️ active involvement from advocacy groups and legal associations Even if the rule takes effect, the legal situation may remain fluid depending on court decisions. What does this mean in practice? If adopted in its current form: ▪️ new applicants may remain without legal work authorization for extended periods ▪️ economic pressure may become a tool of immigration policy ▪️ filing strategies and case preparation may need to change The proposal does not mention automatic revocation of existing work permits-the focus is on new initial applications. Immigration policy in 2026 reflects a trend toward stricter regulation of asylum procedures, including through economic mechanisms. If you have applied for asylum or are planning to do so, it is important to consider potential changes in timing and strategy. ⸻ ℹ️ This information is general in nature and does not constitute legal advice.