5 things to know about a new proposed work permit rule

The government is proposing major work permit changes for asylum seekers. A proposed new rule would make it impossible for asylum seekers to apply for an initial work permit. The rule would also make some work permit renewals more difficult. 

This proposed rule is NOT final. If you are eligible for a work permit, apply now! The earliest the rule could be finalized is sometime after April 24, 2026. Below are 5 things to know. 

1. It could become impossible to apply for an initial work permit if the rule becomes final. 

If the proposed rule goes into effect, USCIS would stop accepting new initial work permit applications from asylum seekers for a very long time. The government estimates that “it could take USCIS as long as 173 years” to begin accepting initial work permit applications again.

2. We recommend applying for a work permit now.

Initial work permits: We recommend applying for your initial work permit as soon as possible. Today, you can generally apply for an initial work permit 150 days after filing your asylum application, and the government is supposed to process your work permit application within 30 days. If you reach 150 days after filing your asylum application and submit your initial work permit application before the rule is finalized, you should still be able to receive your work permit. If you wait until after the rule is finalized, you will probably not be allowed to apply at all.

Renewal work permits: If your current work permit is expiring in 1 year or less, we recommend applying to renew as soon as possible. Any changes to renewal work permits should not affect work permit renewal applications submitted before the rule is finalized.

To apply for a work permit: watch this video or read this guide. 

3. The rule will be finalized sometime after April 24, 2026. 

The proposed new rule is not finalized yet. From February 23 to April 24, 2026, the government is accepting “comments” from individuals and groups who want to share their opinions about the rule. Sometime after that, the government will likely publish a final rule. Exactly what the new rule says may change before it is finalized.  

4. The rule should not change existing work permits.

Even after the rule is finalized, it should not affect existing work permits or pending work permit applications. If you already have a valid work permit, it will not be impacted by the new rule. If you are eligible to apply for a work permit, we recommend applying as soon as possible. 

5. The rule could pause future initial work permits and affect renewals.

Below are some of the major proposed changes to work permits for asylum seekers. Again, this proposed rule is NOT final, and exactly what the rule says may change before it is finalized. The rule is only about work permits for asylum seekers, which is category (c)(8). If you are applying for a work permit in another category, this proposed rule does not affect your work permit.  

Changes that would affect initial work permits 

• No new initial work permit applications. If the proposed rule goes into effect, USCIS would stop accepting new initial work permit applications from asylum seekers for a very long time. The government estimates that “it could take USCIS as long as 173 years” to begin accepting initial work permit applications again.

• Longer waiting period. Currently, asylum seekers have to wait 150 days after the government receives their asylum application before submitting their initial work permit application. Under the new rule, if asylum seekers are allowed to submit initial work permit applications at all, the waiting period would increase to 365 days. 

• Slower processing. Currently, USCIS is supposed to process initial work permit applications within 30 days. Under the new rule, if asylum seekers are allowed to submit initial work permit applications at all, the processing requirement would change from 30 days to 180 days. 

• Arrival in the U.S. Under the proposed rule, asylum seekers who arrive in the U.S. after the date that the rule goes into effect would not be able to get work permits if they (1) arrived without a visa or other immigration status, and (2) did not encounter a government official within 48 hours. There would be some limited exceptions. This change technically applies to both initial work permits and renewals, but it would only affect people who arrive in the U.S. after the rule goes into effect, sometime after April 24, 2026.

• One-year filing deadline. Under the proposed rule, asylum seekers who file an asylum application after the date that the rule goes into effect would not be able to get work permits if they (1) applied for asylum more than one year after arriving in the U.S. and (2) are not granted an exception to the one-year deadline. This change technically applies to both initial work permits and renewals, but it would only affect people who apply for asylum after the rule goes into effect, sometime after April 24, 2026.

Changes that affect both renewal and initial work permits

• New biometrics requirements. Under the proposed rule, USCIS would require all asylum seekers to go to biometrics (fingerprint) appointments when applying for or renewing work permits, even if they have already completed a biometrics appointment in the past. 

• Certain crimes. Under the proposed rule, there are more crimes that could disqualify someone from receiving a work permit. If the government believes that an asylum seeker committed a certain type of crime in the U.S. or abroad, they would not be able to receive a renewal or initial work permit. 

• “Discretion” in work permit decisions. Under the proposed rule, USCIS would have “discretion” to deny work permit applications based on seeking asylum, for both initial and renewal work permits. This means USCIS could deny a work permit application for any reason. We do not know exactly how this could affect people in practice. 

Changes that affect asylum applications

• Under the proposed rule, USCIS says if they find “derogatory” information while processing an asylum seeker’s work permit application, they can use that information to deny their asylum case faster. We do not know exactly what this could mean in practice. 

Again, if you are eligible, we recommend applying for a work permit as soon as possible. If you apply for a work permit BEFORE the rule is finalized, the rule should not affect your work permit. 

Join ASAP and stay updated.

If you are an asylum seeker and you want to receive updates about this rule and other immigration changes, you can sign up for free ASAP membership. ASAP members have said that work permits are a top priority, and ASAP will continue to fight for asylum seekers’ ability to work.