The Department of Homeland Security (DHS) recently proposed changes that would increase the minimum wait time for asylum-based employment authorization documents (EAD) from 180 days to 365 days, aiming to alleviate significant processing delays and address issues of fraud within the immigration system.
According to documents, USCIS will pause accepting asylum-based EAD applications when processing times exceed 180 days. This decision comes as the average processing time for an affirmative asylum case currently stands at 1,278 days, highlighting a severe backlog in the system.
The current backlog in USCIS’s affirmative asylum portfolio has reached approximately 1.45 million cases, while the immigration court backlog related to asylum is reported to be over 2.4 million cases as of the first quarter of FY 2026. In addition, USCIS had over 1,046,156 pending initial EAD applications, with around 556,798 of those applications pending for more than 180 days.
DHS officials have expressed concern regarding the disparity between eligibility requirements for asylum applications and those for obtaining an EAD. As one official noted, “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 statement underscores the potential for abuse within the current system.
U.S. Senator Alex Padilla remarked on these delays, stating that “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.” Such comments reflect widespread frustration among stakeholders regarding the immigration process.
The proposals by DHS are part of broader efforts aimed at reducing backlogs and addressing fraud within the asylum program. However, no specific timeline has been disclosed regarding when these changes might take effect or how they will impact individuals currently navigating this complex landscape.
