The Department of Homeland Security (DHS) has proposed changes to asylum-based employment authorization document (EAD) applications. The aim is to address significant processing delays and fraud concerns. As a result, USCIS will pause accepting asylum-based EAD applications when processing times exceed 180 days.
DHS plans to increase the minimum wait time for these applications from 180 days to 365 days. Currently, the average processing time for an affirmative asylum case is 1,278 days. This change reflects a historic backlog in the immigration system.
USCIS faces a staggering backlog of 1.45 million cases in its affirmative asylum portfolio. As of the first quarter of FY 2026, the immigration court asylum backlog exceeds 2.4 million cases. Additionally, USCIS had over 1 million pending initial EAD applications at the start of FY 2026.
Many EAD applicants are affected by these delays. Of those pending applications, approximately 556,798 have been waiting for more than 180 days. DHS has cited concerns that some individuals may file asylum applications solely to obtain employment authorization.
DHS stated, “Due to how long it can take to adjudicate an affirmative asylum application, and because of the significant disparity in the eligibility requirements between an asylum application and [an asylum-based] EAD, there is little to dissuade an alien from filing an asylum application for the sole purpose of obtaining employment authorization.” This highlights ongoing issues within the immigration system.
U.S. Senator Alex Padilla expressed concerns about the delays in processing times. He noted that these delays have shifted from weeks to months, causing frustration among applicants.
While DHS seeks to reduce backlogs and address fraud in the asylum program, no specific timeline has been provided for when these changes will take effect. The situation remains fluid as officials continue to evaluate their options.
As this situation evolves, many are left wondering how these changes will impact future applicants and their ability to secure timely employment authorization.
