The Department of Homeland Security (DHS) has proposed significant changes to the processing of employment authorization documents (EAD) tied to asylum applications, aiming to address a historic backlog and ongoing fraud concerns. Currently, the average processing time for an affirmative asylum case is a staggering 1,278 days.
To combat these issues, DHS plans to increase the minimum wait time for asylum-based EAD applications from 180 days to 365 days. Additionally, USCIS will pause accepting new applications whenever processing times exceed 180 days.
This decision comes as USCIS grapples with a backlog of approximately 1.45 million cases in its affirmative asylum portfolio. As of the first quarter of FY 2026, the immigration court backlog stands at over 2.4 million cases, highlighting the strain on the system.
Asylum seekers like Maria Gonzalez, who lives in Los Angeles, feel the weight of these delays. “I applied for my EAD last year, and I still haven’t heard back. It feels like my life is on hold,” she shared. Many individuals find themselves unable to work while waiting for their applications to be processed.
The situation is further complicated by the vast number of pending initial EAD applications—over 1,046,156 at the beginning of FY 2026—with nearly 556,798 pending for more than 180 days.
DHS officials have expressed concern about individuals filing asylum claims solely for employment authorization rather than genuine protection needs. They noted, “Due to how long it can take to adjudicate an affirmative asylum application… there is little to dissuade an alien from filing an asylum application for the sole purpose of obtaining employment authorization.” This highlights the challenges facing genuine asylum seekers.
U.S. Senator Alex Padilla commented on these growing delays: “The delays that people are concerned about used to be sort of a matter of weeks at a time. Now it’s from a few months to many, many months.” His words resonate with many who are caught in this lengthy process.
The proposed changes aim not only to streamline processing but also to ensure that those genuinely seeking refuge receive timely assistance. However, uncertainties remain regarding when these changes will take effect and how they will impact current applicants.
The next steps involve public comments on these proposals before any final decisions are made. As this situation unfolds, many will be watching closely for updates that could change their lives significantly.
