Proposed DHS Rule Would Revise Asylum‑Based Work Authorization Eligibility: Employer Considerations

The U.S. Department of Homeland Security (DHS) has proposed a rule that would, if finalized, restrict work authorization eligibility for asylum applicants. According to DHS, historic levels of asylum‑based Employee Authorization Document (EAD) filings have overwhelmed the current system. If finalized, this rule may have substantial implications for employers, particularly regarding I‑9 compliance, reverification, and payroll continuity for asylum‑based employees.

Link to Key Proposed Changes Key Proposed Changes

If finalized, DHS’ proposed rule would:

• Increase the waiting period to apply for an asylum‑based EAD from 150 days to 365 days;
• Create possible pauses on new EAD applications during periods of significant asylum backlogs;
• Cause longer EAD processing times, potentially adding delays to adjudications; and
• Implement stricter eligibility and biometrics requirements, especially for applicants who entered without inspection.

Link to Potential Employer Impacts Potential Employer Impacts

If DHS adopts this rule, employers may face: 

• More frequent and unpredictable reverifications;
• Higher risk of work authorization lapses due to delayed eligibility and longer processing;
• Potential staffing shortages, particularly in industries that rely heavily on asylum‑based workers; and
• Payroll disruptions, since employers must remove employees from the payroll if their EAD expires without renewal.

Link to Employer Considerations Employer Considerations

Employers that face potential impacts from DHS’ proposed rule should consider:

• Strengthening I‑9 tracking systems to more aggressively monitor EAD expirations and reverification deadlines;
• Communicating proactively with employees who hold asylum‑based EADs to manage expectations around renewal timing;
• Reviewing recruiting and workforce strategies to prepare for extended onboarding timelines; and
• Monitoring DHS updates and adjusting internal policies accordingly if DHS publishes a final rule.

This rule will remain open for public comment until April 24, 2026. If implemented, this rule may slow access to work authorization for asylum applicants and might increase unpredictability around EAD issuance and renewal. Employers may wish to begin preparing now in an effort to maintain compliance, mitigate disruptions, and protect workforce continuity.