The Department of Homeland Security (DHS) has restored a rule that requires U.S. Citizenship and Immigration Services (USCIS) to decide first-time work permit applications from asylum seekers within 30 days.
On July 21, 2026, the federal agency issued a correction on an earlier April 29 interim final rule that dropped this clause. That deletion set off a legal challenge by nonprofit and labor groups, which claimed that DHS violated the Administrative Procedure Act by erasing the decades-old requirement without an announcement.
The correction takes effect on publication and applies retroactively to May 29, 2026, the date the April rule took effect.
How this affects asylum holders
Jeff Joseph, President of Immigration Strategy at Manifest Law, says asylum holders can expect their initial work permit cases to show movement soon. "This new guidance restores the long time requirement that the USCIS timely adjudicate applications for work authorization for those in the US seeking asylum. Those individuals who are in the system and seeking asylum are among the most vulnerable in the immigration system. It makes sense that we prioritize the work authorization applications of those who are often most in need of the ability to work and earn an income." Joseph says.
Joseph also notes that this correction does not affect a separate DHS proposal from February 2026 that seeks to change the 30-day deadline to 180 days. "That proposal remains in place unless it is separately enjoined by a court. Under that proposal, asylum seekers would have to wait a full 365 days from the time of filing for asylum before being able to apply for work authorization. Currently, that is set at 180 days." he says.
About the Author
Staff Writer
Caryl Espinoza Jaen is a Nicaraguan-born staff writer for Manifest Law. As a writer, he strives to cover complex topics like immigration policy with clarity, accuracy, and precision.
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President of Immigration Strategy
Jeff Joseph is the President of Immigration Strategy at Manifest Law and the 79th President of the American Immigration Lawyers Association, the national bar association of more than 18,000 immigration attorneys. A nationally recognized litigator and corporate immigration strategist, Jeff brings almost 30 years of experience advising employers — from global enterprises to high-growth startups — and has personally led or participated in federal litigation that reshaped the rules employers hire under, including the COVID-19 visa ban, the DOL H-1B wage rule, and the DHS specialty occupation case. Prior to joining Manifest, he was a Partner at Berry, Appleman & Leiden LLP and participated on the firm's litigation and compliance, and government strategies teams.
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