Framed as a response to concerns about fraud and the longstanding asylum backlog, the Department of Homeland Security (DHS) on February 23, 2026, published Employment Authorization Reform for Asylum Applicants, a notice of proposed rulemaking that would make changes to employment authorization documents (EADs), or work permits, for individuals with pending asylum claims.

The proposal would generally make it harder to obtain and keep an EAD by instituting systemwide pauses in processing, tightening eligibility rules, and accelerating termination of work authorization in certain circumstances.

These EADs, which carry the category code (c)(8), are among the most common forms of work authorization in the U.S., accounting for roughly one-third or more of all EADs issued every year and representing well over a million workers nationwide.

DHS argues that some individuals file weak asylum claims primarily to gain access to work authorization during lengthy adjudication periods. While the motivation centers on reducing backlogs and discouraging non-meritorious claims, the practical effects of the rule would apply to all asylum seekers.

Key provisions include an automatic, systemwide pause on accepting new initial EAD applications whenever average asylum processing times exceed 180 days—a threshold that has been surpassed for years—effectively creating an indefinite halt on new applications if the rule takes effect as written.

The proposal would also double the waiting period to apply for an initial EAD from 180 to 365 days, require biometrics for all initial and renewal applications, expand adjudicator discretion to deny applications, and immediately terminate EADs upon denial of an asylum claim.

The rule is not yet final and is subject to a 60-day public comment period that runs through April 24. We will continue to analyze the proposal for its implications for LeadingAge members. In the meantime, members are encouraged to assess whether their workforce includes employees working under category (c)(8) EADs and ensure that internal I‑9 and reverification practices are up to date.