Skip to main content

Immigration Policy Tracking Project

Open main menu

2.0

DHS silently eliminates 30-day adjudication requirement for first-time asylum-based work permits

  1. Original Date Announced

    April 29, 2026

    DHS issued an interim final rule (IFR) that removes language without comment from the relevant regulation requiring USCIS to adjudicate first-time asylum-based work permits within 30 days from the date of filing.

    The IFR also amends USCIS regulations codifying various elements of the One Big Beautiful Bill Act (H.R. 1 or OBBBA), including the consequences of non-payment of the new asylum and annual asylum fees; the new Form I-94 fee requirement; the validity period for certain types of employment authorization; and the retention of the Form I-589 filing fee for every application.

    For more information regarding USCIS's implementation of H.R. 1, please see this entry.

    Trump 2.0 [ID #2328]

    2026.04.29 DHS - USCIS Immigration Fees and Related Procedures Required by H.R.1 Reconciliation Bill

  2. Effective Date

    May 29, 2026

  3. Subsequent Trump and Court Action

    July 1, 2026

    2026.07.01 Complaint - VAM v. USCIS

    Five nonprofit and labor union organizations filed suit against USCIS to challenge, among other things, the IFR described above. The complaint alleges that the IFR "quietly deleted the longstanding requirement for the government to process initial work permits based on seeking asylum within 30 days." It states that "'[n]othing in the IFR’s title, summary, preamble, or text alerted the public that DHS was silently deleting the 30-day adjudication requirement," and that this failure to provide notice deprived plaintiffs of the opportunity to comment on this change. The complaint further explains that the 30-day processing requirement has existed since 1994, and that USCIS's previous attempts to remove the requirement have been blocked by federal courts. Plaintiffs allege that the IFR violates the Administrative Procedure Act and seek declaratory and injunctive relief. Venezuelan Association of Massachusetts v. USCIS, No. 1:26-cv-13038 (D. Mass.).

    **Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

    View Document

Current Status

None

Original Trump Policy Status

Status: Final/Actual In Litigation
Trump Administration Actions: Agency Directive Change in Practice Rule
Subject Matter: Asylum, Withholding and CAT
Agencies Affected: DHS

Associated or Derivative Policies

Pre Trump-Era Policies

  • May 28, 2026

    Prior to the April 2026 IFR, 8 C.F.R. § 208.7(a)(1) required USCIS to adjudicate initial asylum-based work permits “30 days from the date of filing of the request employment authorization to grant or deny that application, except that no employment authorization shall be issued to an asylum applicant prior to the expiration of the 180-day period following the filing of the asylum application filed on or after April 1, 1997."

    8 CFR 208.7 (May 28, 2026) -- Employment authorization

Documents

Trump-Era Policy Documents

To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com

© 2026 Immigration Policy Tracking Project