The U.S. Citizenship and Immigration Services (USCIS) has proposed a rule that would temporarily suspend the issuance of operate permits to asylum seekers. The agency warns this pause could last “for many years.”
USCIS Cites Overburdened System
The proposed regulation, open for public comment, would halt the acceptance of employment authorization applications when average processing times at USCIS exceed 180 days. Given current, longer delays, the agency anticipates a prolonged pause in processing latest work permits for those seeking asylum.
USCIS argues the measure aims to reduce the “incentive” for foreign nationals to file fraudulent asylum claims solely to obtain work authorization. A USCIS spokesperson stated that these petitions have grow an “effortless pathway” for immigrants to work legally in the country, saturating the system. The spokesperson also indicated that “foreigners do not have a right to work while we process their asylum applications.”
The agency claims requests for employment permits linked to pending asylum applications have reached a “historic high,” straining agency resources and hindering efficient case evaluations.
Changes to Eligibility Timeline
The proposal also extends the waiting period before asylum seekers become eligible to apply for a work permit, increasing it from 150 to 365 days.
Without this plan, USCIS estimates it would take between 14 and 173 years to reduce the current backlog and resolve asylum applications within 180 days.
Frequently Asked Questions
What does this proposal mean for current asylum seekers with pending work permit applications?
The proposal would temporarily suspend the acceptance of new applications. The impact on applications already submitted is not specified in the provided information.
Why is USCIS taking this action?
USCIS states the initiative seeks to reduce incentives for fraudulent asylum claims and alleviate strain on agency resources due to a “historic high” in work permit requests from asylum seekers.
What happens if USCIS does not implement this plan?
USCIS estimates processing times could dramatically increase, potentially taking between 14 and 173 years to resolve the current backlog of asylum applications within a 180-day timeframe.
How might these changes affect the broader immigration system and the individuals seeking protection in the United States?
