DHS Proposes Reforms to Asylum Applicant Work Permit Rules

The U.S. Department of Homeland Security (DHS) has announced a proposed rulemaking that would reform the regulations governing Employment Authorization Documents (EADs) issued to asylum applicants by U.S. Citizenship and Immigration Services (USCIS). The proposal was submitted for public inspection in the Federal Register. The proposed changes focus on how USCIS processes and issues work permits to individuals who have filed asylum applications. EADs allow foreign nationals to legally work in the United States while their immigration cases are pending. While the full details of the proposal are outlined in the Federal Register notice, such regulatory changes to EAD rules can have downstream effects on employment-based immigration more broadly, as work authorization pathways and processing priorities at USCIS are interconnected. EB-3 applicants and those with pending adjustment of status applications should monitor this proposed rulemaking, as any shifts in USCIS workload or EAD processing priorities could indirectly affect processing times for employment-based petitions and applications. The proposal is open for public comment, giving stakeholders in the immigration community an opportunity to weigh in before any final rule is issued.