U.S. Immigration Alerts

FGI UPDATE: This Week’s Summary of U.S. Immigration News

Department of Homeland Security: Proposed Changes to Asylum-Based Employment Authorization Rule

The U.S. Department of Homeland Security (DHS) has published a Notice of Proposed Rulemaking that would significantly change how asylum applicants can apply for and receive work authorization in the United States. The proposal would extend waiting times before eligibility, pause acceptance of work permit applications when asylum backlogs are high, add new eligibility requirements, and give DHS broader discretion in approving or denying Employment Authorization Documents (EADs) based on a pending asylum case. The public comment period on the proposed rule runs until April 24, 2026.

Key Points

• Extended Waiting Period: Under current rules, asylum applicants can apply for work authorization 150 days after filing their asylum application; the proposed rule would increase this to 365 days, forcing applicants to wait a full year before becoming eligible. This longer waiting period could delay employment opportunities for asylum seekers and affect their financial stability. 
• Pause on New Applications: DHS would have authority to stop accepting new asylum-based EAD applications whenever the average processing time for asylum decisions exceeds 180 days. Because asylum backlogs often exceed this threshold, the pause could last many years, effectively freezing new work permits. 
• New Eligibility Requirements: The proposed rule would impose additional barriers, including biometrics submission, criminal/security checks, and rules targeting unlawful entry unless the applicant promptly expressed fear of persecution. These expanded eligibility criteria could render more asylum applicants ineligible for work authorization than under current regulations. 
• Processing and Discretion: Changes would also alter EAD processing standards, prioritize asylum case adjudications when potential derogatory information arises, and give adjudicators broader discretion to deny work permits. The rule would also clarify that if an asylum claim is denied, the corresponding EAD would terminate unless the applicant has another qualifying basis for work authorization. 

What Employers Need to Know

• Extended Waiting Period: Under current rules, asylum applicants can apply for work authorization 150 days after filing their asylum application; the proposed rule would increase this to 365 days, forcing applicants to wait a full year before becoming eligible. This longer waiting period could delay employment opportunities for asylum seekers and affect their financial stability. 
• Pause on New Applications: DHS would have authority to stop accepting new asylum-based EAD applications whenever the average processing time for asylum decisions exceeds 180 days. Because asylum backlogs often exceed this threshold, the pause could last many years, effectively freezing new work permits. 
• New Eligibility Requirements: The proposed rule would impose additional barriers, including biometrics submission, criminal/security checks, and rules targeting unlawful entry unless the applicant promptly expressed fear of persecution. These expanded eligibility criteria could render more asylum applicants ineligible for work authorization than under current regulations. 
• Processing and Discretion: Changes would also alter EAD processing standards, prioritize asylum case adjudications when potential derogatory information arises, and give adjudicators broader discretion to deny work permits. The rule would also clarify that if an asylum claim is denied, the corresponding EAD would terminate unless the applicant has another qualifying basis for work authorization. 

Looking Ahead

• Legal Challenges Likely: The proposal is controversial and likely to face legal and public opposition from immigrant advocacy groups and other stakeholders. The final rule could be delayed, overturned, or modified through litigation. 
• Impact on Asylum System: If adopted, the changes could reduce incentives to file asylum claims for work authorization purposes — a stated DHS goal — but could also raise humanitarian and legal concerns. 
• Economic Consequences: Extended wait times and work permit freezes may affect labor supply in sectors that employ asylum applicants, potentially creating labor shortages or increasing costs for employers. 

In conclusion, the DHS proposal to reform asylum-based employment authorization represents one of the most significant potential shifts in U.S. immigration policy affecting work permits for asylum seekers in decades. By extending eligibility wait times, pausing applications during backlog periods, adding new requirements, and increasing adjudication discretion, the rule could substantially alter the landscape of employment eligibility for this population. Employers and applicants alike should monitor the rulemaking process closely and prepare for potentially profound impacts if the proposal becomes final.

SOURCE: Federal Register, February 23, 2026: www.federalregister.gov/documents/2026/02/23/2026-03595/employment-authorization-reform-for-asylum-applicants

Department of Labor: Wage Rule Proposal for H-1B and PERM Moves Closer to Public Release

A new wage-related proposal from the Department of Labor (DOL) that could affect both the H-1B visa program and the PERM labor certification process has cleared federal review, signaling that public disclosure is approaching. Although the text of the proposal has not yet been released, it may raise required wage levels for employers sponsoring foreign workers. The rule will not take effect immediately and must first go through public notice, comment, and finalization before any changes become mandatory.

Key Points

• Federal Review Completed: The proposed rule has passed review by the Office of Management and Budget, an important step before publication. This clearance means the proposal is procedurally ready to be shared with the public.
• Details Not Yet Public: The contents of the proposal remain confidential until it appears in the Federal Register. Until then, employers can only anticipate, not confirm, the scope of the changes.
• Possible Wage Increases: The proposal may revise how prevailing wages are calculated, potentially increasing minimum wage requirements for sponsored workers. Such changes could raise labor costs for employers using these programs.
• Rulemaking Is Not Final: Even after publication, the proposal must go through public comment and further review. No wage changes will apply unless a final rule is issued.

What Employers Need to Know

• No Immediate Action Required: The proposal does not change current wage rules until it completes the full rulemaking process. Employers should continue following existing wage requirements for now.
• Budget Sensitivity Ahead: If prevailing wage levels increase, employers may need to reassess compensation structures for sponsored roles. Early financial modeling can help anticipate potential impacts.
• Strategic Workforce Planning: Organizations relying heavily on sponsored talent may want to evaluate filing strategies and long-term hiring plans in light of possible wage changes.

Looking Ahead

• Publication Expected Soon: The proposed rule is likely to appear in the Federal Register within weeks. That release will clarify the scope and scale of any wage restructuring.
• Potential Competitive Effects: Higher wage floors could affect the ability of U.S. employers to compete globally for specialized talent. This concern is likely to feature prominently in public comments.
• Implementation Window: If finalized, the rule would likely take effect 30 to 60 days after publication. Employers would need to move quickly to align with new requirements.
• Risk of Legal Challenges: As with prior wage rules, litigation could delay or block implementation. Employers should be prepared for multiple possible outcomes.

The DOL’s wage rule proposal clearing federal review marks an important step toward potential changes in how wages are set for key employment-based immigration programs. While the exact impact remains unknown until publication, the possibility of higher prevailing wages has meaningful implications for hiring costs, workforce strategy, and global competitiveness. Employers that stay informed and engage in the comment process will be better positioned to adapt if new wage rules ultimately take effect.

SOURCE: www.reginfo.gov/public/do/eoDetails?rrid=1219761