Proposed DHS Rule Would Restrict Work Authorization For Asylum Applicants

The Department of Homeland Security published a proposed rule February 23 that would modify work authorization eligibility and filing rules for individuals that have pending asylum applications. The DHS proposal would delay and occasionally pause initial work permits and increase the likelihood of work authorization gaps for such individuals. Public comments are due April 24.

If the proposed rule is adopted, asylum applicants would have to wait at least 365 days after USCIS receives their complete asylum application before they can apply for an initial asylum-based employment authorization document (EAD). Under the proposed rule, USCIS also would pause such applications altogether if the average processing time for affirmative asylum applications exceeds 180 days. USCIS stated that it could pause new EAD applications for pending asylum applicants for an extended period, possibly years.

Employers whose employees would be affected should consider cross-training employees, using temporary staffing, and adjusting employees’ start dates.

Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.