USCIS proposes 1-year wait for asylum seeker work permits starting 2026

The US is proposing to make asylum seekers wait a full year before they can apply for a work permit. This is much longer than the current 150 days.
By Newsroom | Immigration, United States |

A recent proposal from the Trump administration has raised concerns among immigrant advocates and legal experts. The plan, if enacted, could lead to substantial delays and limitations for asylum seekers seeking work permits in the United States. This move, which follows earlier actions to shorten the validity of these permits, signals a potentially prolonged period where many individuals seeking asylum may be unable to legally work, raising questions about their ability to support themselves and their families, and impacting U.S. employers.

Trump administration plan could restrict work permits for asylum seekers for years - 1

Background on Work Permits for Asylum Seekers

Current U.S. immigration law, in place since the 1990s, generally allows immigration officials to grant work permits to asylum applicants if their cases have been pending for at least 180 days. For many years, the standard waiting period before an asylum seeker could apply for a work permit was 150 days. These permits have historically been valid for longer periods, with some allowing for up to five years of employment authorization.

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Trump administration plan could restrict work permits for asylum seekers for years - 2

However, the Trump administration has undertaken several measures to alter this system. In December 2025, the validity period for work permits for refugees, asylum seekers, and other migrants was cut to 18 months from five years. This reduction meant that individuals needed to renew their work authorization more frequently, potentially increasing the government's opportunities to re-evaluate and deny applications. This action was part of a broader immigration crackdown.

Trump administration plan could restrict work permits for asylum seekers for years - 3

New Proposed Regulation

A proposed regulation, released by U.S. Citizenship and Immigration Services (USCIS) in February 2026, aims to further restrict access to work permits for asylum seekers.

Trump administration plan could restrict work permits for asylum seekers for years - 4

  • Extended Waiting Period: The proposal would extend the minimum waiting period before asylum seekers become eligible to apply for a work permit from the current 150 days to 365 days (one year).

  • Conditional Halt on Applications: The regulation would also institute a policy where USCIS would stop accepting new work permit applications if the agency's average processing times exceed 180 days. Advocates fear this could lead to an "indefinite pause" on new work permits, potentially affecting applicants for years.

Advocates' Concerns

Immigrant advocates and legal organizations have voiced strong opposition to the proposed changes. They argue that these measures will:

  • Cause Economic Hardship: Preventing asylum seekers from working legally for extended periods could force them and their families into financial instability.

  • Drive Work Underground: A lack of legal work options may push individuals into the informal or underground economy, potentially leading to exploitation and unfair labor practices.

  • Harm U.S. Communities and Employers: Restricting the labor pool could negatively impact businesses that rely on immigrant workers, and communities that benefit from the economic contributions of these individuals.

Conchita Cruz, co-executive director of the Asylum Seeker Advocacy Project, stated that efforts to curtail work permits for migrants would harm U.S. communities and employers.

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Government Rationale and Potential Implications

While the stated rationale for these changes is not detailed in the provided summaries, such policies often cite concerns about national security, border control, and the integrity of the asylum system. The frequent re-vetting enabled by shorter permit durations, as mentioned in relation to the 2025 policy, suggests an intent to increase scrutiny.

If the proposed regulation is enacted:

  • The timeline for asylum seekers to gain legal employment authorization would be significantly extended.

  • The system for issuing work permits could face disruptions if USCIS processing times increase.

  • The overall impact on the asylum process and the lives of asylum seekers would be substantial.

It is important to note that the proposed policy changes are distinct from those affecting foreign workers with existing legal status, such as H-1B visa holders, whose employment authorization is tied to their visa status.

Conclusion

The Trump administration's proposed regulation to extend the waiting period for work permits to one year and to halt applications during processing backlogs represents a significant potential shift in policy. Coupled with previous actions to shorten work permit validity, these measures could create prolonged barriers to legal employment for asylum seekers. The concerns raised by immigrant advocates regarding economic hardship and the impact on U.S. communities highlight the critical implications of these proposed changes. The ultimate effect will depend on the finalization and implementation of this regulation.

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Frequently Asked Questions

Q: What is the new proposal for asylum seeker work permits in the US starting in 2026?
The US Citizenship and Immigration Services (USCIS) has proposed a new rule that would make asylum seekers wait 365 days (one year) before they can apply for a work permit. This is a change from the current rule, which allows them to apply after 150 days.
Q: What happens if USCIS processing times are slow under the new proposal?
The new proposal also says that USCIS will stop accepting new work permit applications if their average processing times go over 180 days. This could cause a long pause in people getting work permits.
Q: How will this new proposal affect asylum seekers in the US?
Asylum seekers will have to wait much longer to legally work and earn money to support themselves and their families. This could cause financial problems and might push some people to work without legal permission.
Q: When did work permits for migrants previously get shorter?
In December 2025, the government cut the length of work permits for migrants from five years down to just 18 months. This means people have to renew their permits more often.
Q: Why are immigrant advocates worried about these changes?
Advocates are concerned that these rules will make life very hard for asylum seekers, causing financial hardship and potentially leading to exploitation in the job market. They also worry it will hurt US businesses that need workers.