US Restores 30-Day Deadline for Asylum Seekers' Work Permit Applications

The Department of Homeland Security (DHS) has restored the requirement for US Citizenship and Immigration Services (USCIS) to decide first-time work permit applications from asylum seekers within 30 days. 

The change takes effect immediately and applies retroactively to applications pending since late May. The restored deadline reverses an omission in an interim rule introduced earlier this year, which removed the long-standing requirement without a public consultation. DHS said the removal was a technical oversight and corrected it through a notice published in late July.

The 30-day processing requirement has been part of US immigration policy since the mid-1990s. It was introduced to help asylum seekers obtain permission to work while waiting for decisions on their claims. When the deadline was removed in April as part of a wider immigration and fee rule, advocacy groups argued that DHS had failed to follow the procedures required under the Administrative Procedure Act. 

A legal challenge followed, with campaigners saying the change would affect asylum seekers who often arrive in the United States with limited financial resources.

The restored rule means first-time work permit applications submitted since late May should now be processed under the 30-day deadline. 

Immigration lawyers and advocacy organisations welcomed the decision, saying it supports asylum seekers who rely on work authorisation while their cases remain pending. One immigration expert said the change benefits people who are most in need of the opportunity to work and earn an income during the asylum process.

However, the deadline does not guarantee that every application will be decided within 30 days. USCIS continues to face a large backlog of cases, and many applications have taken longer than the required timeframe. Security screening and other vetting procedures also remain part of the process and can affect how quickly decisions are made. 

The requirement therefore sets a regulatory standard rather than guaranteeing a decision within the deadline. The correction comes as DHS continues to consider a separate proposal published in February that would make broader changes to work authorisation for asylum seekers.