The Department of Homeland Security (DHS) reversed one of the most controversial changes in asylum matters by reinstating the rule that requires the United States Citizenship and Immigration Services (USCIS) to resolve, within 30 days, initial applications for work permits submitted by people seeking protection in the country.

The decision was published through a correction in the Federal Register and will have retroactive effect to May 29, 2026, the date on which an interim rule that eliminated that requirement without a prior public consultation process had come into effect.

The change represents temporary relief for thousands of asylum seekers, although it does not end the debate over the future of these employment permits under the Donald Trump administration.

The correction comes after a lawsuit against the DHS

The modification occurred after immigrant advocacy organizations, including the Asylum Seeker Advocacy Project (ASAP), filed a lawsuit considering that the government eliminated a rule in force for decades without complying with the procedure established by law.

According to Jeff Joseph, President of Immigration Strategy at Manifest Law, restoring the 30-day deadline will allow those waiting for work authorization to get a response more quickly.

"This new guidance reinstates the longstanding requirement that USCIS timely resolve work authorization applications for asylum seekers. These individuals are among the most vulnerable in the immigration system," Joseph explained to Manifest.

However, the specialist warned that this correction does not modify another proposal presented by the DHS in February 2026, which seeks to significantly extend waiting times.

The debate over work permits continues

Currently, a person seeking asylum can apply for a work permit after 180 days of filing their case. However, the proposal promoted by the Trump administration seeks to increase that period to 365 days and extend the time the government would have to resolve requests up to 180 days, changes that have not yet been definitively approved.

USCIS spokesperson Zach Kahler defended the agency's actions and described the lawsuit filed by ASAP as “frivolous,” ensuring that the agency is applying the legislation approved by Congress.

Meanwhile, Politico revealed that a federal judge is considering the organizations' request to preemptively suspend other provisions related to the new $100 fee for asylum applications, a measure that is also facing legal challenges.

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