The recent pause by USCIS on asylum-based EAD applications raises a critical question: how will these changes impact those seeking employment while their asylum claims are processed? The Department of Homeland Security (DHS) aims to address significant processing delays and fraud concerns, but the implications for applicants remain uncertain.
Currently, the average processing time for an affirmative asylum case is a staggering 1,278 days. With the backlog in the affirmative asylum portfolio reaching 1.45 million cases, the situation is dire. Asylum seekers often rely on employment authorization documents (EAD) to support themselves while they wait for their claims to be adjudicated.
Key statistics:
- DHS proposed increasing the minimum wait time for asylum-based EAD from 180 days to 365 days.
- USCIS will pause accepting new asylum-based EAD applications when processing times exceed 180 days.
- As of the start of FY 2026, there were over 1 million pending initial EAD applications.
- A significant 556,798 of those applications had been pending for more than 180 days.
The DHS has acknowledged that the lengthy adjudication process can lead individuals to file asylum applications solely for employment authorization. “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,” a DHS spokesperson noted.
U.S. Senator Alex Padilla highlighted that delays have escalated from weeks to months—many months. This growing backlog has placed immense pressure on both applicants and immigration courts, which face an astounding 2.4 million cases in total.
While some proposals may help alleviate these issues, no timeline has been shared regarding when or how these changes will be implemented. As such, many remain anxious about their future and ability to work legally in the U.S.