Work Authorization May No Longer Be Granted While an Asylum Case Is Pending: DHS Proposes Stricter Rules

The U.S. Department of Homeland Security (DHS) has published a proposed rule that could change how work authorization is issued to individuals who have filed for political asylum.

According to the agency, the purpose of the proposed changes is to reduce the number of meritless or fraudulent asylum applications filed primarily to obtain the right to work in the United States.

DHS states that applications for employment authorization based on a pending asylum case have reached a historic high, placing significant strain on the resources of U.S. Citizenship and Immigration Services (USCIS).

Currently, USCIS has more than 1.4 million affirmative asylum applications pending. According to DHS, the existing rules create an incentive for individuals to file for asylum primarily in order to receive work authorization.

If finalized, the rule could change:

• the filing requirements for employment authorization based on a pending asylum application;

• the conditions under which an applicant would be eligible to receive work authorization;

• the way USCIS allocates its resources to address the existing backlog.

  
  

DHS emphasizes that foreign nationals do not have an automatic right to work while their asylum application is under review.

At this time, the measure is only a proposed regulation (Notice of Proposed Rulemaking). After publication in the Federal Register, a 60-day public comment period will begin. The changes can only take effect after completion of that process and final adoption of the rule.