The Donald Trump administration has taken a new step in its immigration enforcement policy. Starting in April 2026, a new Department of Homeland Security (DHS) rule will go into effect, reinstating the 365-day waiting period for asylum seekers to process their initial work permit.

This measure reverses Biden-era flexibilities and represents a significant challenge for the thousands of Cubans who continue to arrive in the United States and depend on legal work to sustain themselves while awaiting their court hearings.

What is the change about?

Under the rules in effect until now, many asylum seekers could apply for their Employment Authorization Document (EAD) after a much shorter waiting period (150 days). With the return of the “one-year rule,” the DHS aims, according to its spokespersons, to discourage “frivolous” asylum applications or those based purely on economic grounds.

However, for the Cuban community, most of whom flee systemic crisis and political persecution, one year without a legal work permit can mean extreme vulnerability or dependence on informal employment.

Impact on I-220A and CBP One Holders

Cubans who entered with the CBP One app or were released with form I-220A are the most affected. Since they do not have a formal parole that allows them to adjust their status under the Cuban Adjustment Act immediately, their primary path for protection is political asylum.

This change comes amid recent uncertainty regarding deportation flights and errors admitted by the DHS in lists of migrants prioritized for removal.

Frequently Asked Questions (FAQ)

1. When does the 365-day rule go into effect?
The measure is expected to be fully applied starting in April 2026 for new asylum applications filed after the official implementation date.

2. Will this change affect those who already have a work permit?
Generally, existing permit renewals follow different processes, but new applicants will have to wait the full calendar year.

3. Can Cubans under the Adjustment Act avoid this wait?
Only if they have a legal admission document (parole). Those with I-220A who have not managed to change their status must file their asylum application to stop a deportation clock.

4. What do immigration lawyers recommend?
The main recommendation is to file the asylum application (Form I-589) as soon as possible to start counting the legal wait time for the work permit.

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