The Department of Homeland Security (DHS) has restored a long-standing rule that requires US Citizenship and Immigration Services (USCIS) to decide on first-time work permit applications from asylum seekers within 30 days.
The change was announced through a technical correction published around July 20-21, 2026. It brings back the requirement for USCIS to process initial Employment Authorisation Document (EAD) applications filed by asylum seekers within 30 days of submission.
The move comes after the requirement was accidentally left out of an interim final rule issued by DHS on April 29, 2026.
The earlier rule was linked to wider immigration and fee-related changes included in a Republican tax and spending package. However, the 30-day processing requirement was removed without any public notice or opportunity for public comment.
The move faced criticism from immigrant advocacy and labour groups, who filed a lawsuit accusing DHS of violating the Administrative Procedure Act by removing the decades-old requirement without following the proper process.
The latest correction will take effect immediately after publication and will apply retroactively to May 29, 2026.
What the change means for asylum seekers
The restoration of the 30-day rule could provide some relief to asylum seekers who are waiting for permission to work in the US.
Many asylum seekers arrive with limited financial resources and may have to wait for long periods while their immigration cases are being decided. A work permit allows them to legally earn money and support themselves during this time.
Advocates and immigration lawyers have welcomed the restoration of the rule, saying it gives priority to people who are among the most vulnerable in the immigration system.
One expert said the change could help those who are “most in need of the ability to work and earn an income” while their asylum cases are still pending.
However, the restoration of the 30-day deadline does not mean every application will necessarily be decided within that period. USCIS has faced heavy backlogs in recent years, and actual processing times have often gone beyond the regulatory target.
30-day rule dates back to the 1990s
The requirement for USCIS to decide initial asylum-based EAD applications within 30 days dates back to regulations introduced in the mid-1990s.
The rule was created to give asylum seekers a way to legally work while also ensuring that their work permit applications were processed within a reasonable time.
Generally, asylum applicants can apply for work authorisation after waiting 150 days from the date they file Form I-589, the application for asylum and withholding of removal. The 30-day processing period begins once the work permit application is submitted.
The rule has been a subject of debate for years.
Separate February proposal could bring bigger changes
The latest correction is separate from a broader proposal issued by DHS in February 2026.
The proposal, known as “Employment Authorisation Reform for Asylum Applicants”, seeks to make major changes to the current work permit system for asylum seekers.
Under the proposal, asylum seekers could have to wait 365 days before becoming eligible to apply for a work permit. The proposal also seeks to extend the processing period from 30 days to 180 days.
It could also allow the government to pause new work permit applications during periods when USCIS is facing heavy backlogs.
That proposal is still pending and is not affected by the latest technical correction.
For now, the July correction restores the existing 30-day processing requirement while the larger debate over changes to asylum work permits continues.
What happens next?
Asylum seekers who already have pending initial work permit applications could now see renewed efforts to process their cases within the required time.
However, the correction does not change the basic eligibility rules for getting a work permit. It also does not change the rules for renewing existing work permits or affect the separate February proposal.
USCIS backlogs, security checks and other vetting requirements will continue to affect how quickly applications are processed.
Disclaimer: This article is for general informational purposes only and does not constitute legal, immigration, or tax advice. Immigration laws and government policies are subject to frequent change without notice. While we strive to provide accurate updates, readers are strongly advised to verify the latest requirements with the official embassy, consulate, or government portal of the respective country. Financial Express is not responsible for any decisions made based on this information. For personalized guidance, please consult a qualified immigration attorney or a certified professional advisor.