Proposed DHS Rule Would Revise Asylum‑Based Work Authorization Eligibility: Employer Considerations

The U.S. Department of Homeland Security (DHS) has proposed a rule that would, if finalized, restrict work authorization eligibility for asylum applicants. According to DHS, historic levels of asylum‑based Employee Authorization Document (EAD) filings have overwhelmed the current system. If finalized, this rule may have substantial implications for employers, particularly regarding I‑9 compliance, reverification, and payroll continuity for asylum‑based employees.

Key Proposed Changes

If finalized, DHS' proposed rule would:

• Increase the waiting period to apply for an asylum‑based EAD from 150 days to 365 days;
• Create possible pauses on new EAD applications during periods of significant asylum backlogs;