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America Is Tightening the Gate on Immigrant Work Permits: A New EAD Rule?
A new proposed rule from the U.S. Department of Homeland Security (DHS) would overhaul who can legally work in the United States. In other words, it could strip, restrict, or radically condition work authorization for hundreds of thousands of immigrants. Here, our EB1A consultants discuss what the proposed rule says and what it could mean for immigrants navigating work permits and their futures in America.
The Proposal That Is Reshaping the Conversation
On June 5, 2026, the Department of Homeland Security (DHS) published a 127-page Notice of Proposed Rulemaking (NPRM) in the Federal Register, document number 2026-11285, formally titled Clarification of Discretionary Employment Authorization for Certain Aliens (91 FR 34352).
The rule does not yet have the force of law. A public comment window remains open until August 4, 2026, and anyone may submit feedback through Regulations.gov (Docket No. USCIS-2026-0067). Nevertheless, immigration attorneys and advocacy organizations are already treating it as one of the most consequential immigration policy proposals in recent years.
The proposal targets a specific segment of the immigration system: discretionary Employment Authorization Documents (EADs). These work permits allow certain immigrants to legally work in the United States. Unlike visa-based employment authorization, such as H-1B or L-1 status, discretionary EADs are granted at the government's discretion to individuals who do not have a direct statutory right to work but are otherwise lawfully present or temporarily protected from removal.
The three primary categories affected by the proposal are:
- Category (c)(11): Individuals paroled into the United States temporarily for urgent humanitarian reasons or significant public benefit.
- Category (c)(14): Individuals granted deferred action, providing a temporary stay of removal.
- Category (c)(18): Individuals with final orders of removal who have been released from ICE custody under Orders of Supervision (OSUP) because removal is currently not possible.
In Fiscal Year 2024 alone, USCIS received nearly 978,308 EAD applications across these three categories:
- Approximately 792,130 under the parole category
- Approximately 153,154 under deferred action
- Approximately 33,024 from individuals on orders of supervision
If finalized, the proposed rule would significantly alter how each of these applications is evaluated.
What the Rule Would Actually Do
1. A New "Economic Necessity" Test
Under the proposed rule, applicants seeking EADs under categories (c)(11), (c)(14), and (c)(18) would be required to demonstrate economic necessity, meaning they must prove they genuinely need employment.
Currently, parole-based applicants under category (c)(11) are not subject to this requirement. DHS argues that applying the same standard across all three categories would create consistency. As a result, parolees with sufficient financial support from family members or other sources could potentially be denied work authorization.
2. Mandatory Biometrics for Every Application and Renewal
The proposal would require all applicants for discretionary EADs to submit biometrics, including fingerprints and photographs, for FBI criminal history checks.
Importantly, these checks would occur not only for initial applications but also at every renewal. DHS argues that this change strengthens identity verification and public safety protections. Critics, however, contend that it will increase costs, processing times, and administrative burdens for applicants.
3. Expanded Criminal History Restrictions
One of the most significant changes involves criminal history-based eligibility restrictions. DHS proposes generally denying EADs to applicants who:
- Have been arrested, charged, indicted, or convicted of a criminal offense.
- Admit to committing a violent or dangerous crime, even without an arrest.
- Have evidence suggesting membership in a gang or terrorist organization.
Notably, the proposal extends beyond convictions and may include arrests without convictions, as well as sealed or expunged records. DHS maintains that arrest-related information may still be relevant in assessing discretionary eligibility.
An exception could exist where significant countervailing public interests are present, such as cooperation with law enforcement authorities. Critics argue that the standard remains vague and may adversely affect immigrants involved in minor or unrelated encounters with law enforcement.
4. Near-Elimination of Category (c)(18) Work Permits
For individuals on Orders of Supervision, the proposed rule would largely eliminate eligibility for work authorization.
A narrow exception would remain available only when removal is impossible because all designated countries have formally refused to issue travel documents. DHS argues that previous policies may have unintentionally encouraged individuals to remain in the United States despite final removal orders.
Advocates counter that many affected individuals have lived and worked in the United States for years and that eliminating work authorization would merely increase financial hardship without facilitating removal.
5. E-Verify Requirement for Renewals
The proposed rule would require employers of EAD renewal applicants in these categories to participate in E-Verify, the federal employment eligibility verification system.
Because E-Verify participation remains voluntary for many private employers, immigrants working for small businesses or nonprofits that are not enrolled could encounter difficulties renewing their work authorization, even if they otherwise qualify.
6. Shorter Validity Periods
DHS proposes limiting EAD validity to a maximum of one year for all three affected categories.
The proposal aligns with limitations established under the "One Big Beautiful Bill Act" (H.R. 1, Public Law 119-21), signed on July 4, 2025. More frequent renewals would likely mean additional biometric appointments, filing costs, and opportunities for denial.
7. Automatic Termination Triggers
The proposal would also establish new circumstances under which existing work authorization would automatically terminate, including:
- When an individual receives an administratively final order of removal.
- When the underlying basis for employment authorization is terminated or denied, such as revoked parole or terminated deferred action.
This represents a departure from current practice, where a separate process is often required before work authorization ends.
What Should Affected Immigrants and Employers Do Now?
The most important point to remember is that this proposal is not yet final. It remains in the notice-and-comment phase, and the public may submit comments through August 4, 2026.
Historically, substantial public feedback has resulted in significant modifications to proposed immigration regulations. However, the overall policy direction signaled by DHS is clear.
Individuals holding or planning to renew EADs in categories (c)(11), (c)(14), or (c)(18) should consider the following steps:
- Consult an immigration attorney promptly. The interaction between this proposal and other immigration-related policy changes creates significant legal complexity.
- Document economic necessity. Gathering evidence of financial need now may be beneficial if the rule is finalized.
- Review criminal history carefully. Any prior arrests, charges, or related incidents should be discussed with qualified legal counsel before filing a renewal application.
- Confirm employer E-Verify participation. Understanding whether an employer is enrolled in E-Verify can help avoid future renewal complications.
- Submit a public comment. Individuals may submit comments through Regulations.gov before August 4, 2026.
The Bigger Picture
Taken together, these proposed changes represent one of the most significant restructurings of discretionary immigrant work authorization in decades. The proposal is not merely about who can enter the United States; it also addresses who can legally work and earn a living while already residing in the country.
The comment period closes on August 4, 2026. After reviewing public submissions, USCIS will determine whether to finalize, modify, or withdraw the proposal. According to DHS, any final rule would apply only to applications filed on or after its effective date.
At GCEB1, our eb1 experts closely monitor immigration policy developments and their potential impact on immigrants, professionals, researchers, entrepreneurs, and future permanent residents. If you are exploring pathways to U.S. permanent residency, our team is here to help guide you through the evolving immigration landscape.
Sources & Further Reading
- American Immigration Lawyers Association (AILA). “USCIS Notice of Proposed Rulemaking to Limit Eligibility for Discretionary Employment Authorization.” June 5, 2026.
- Berry Appleman & Leiden LLP (BAL). “United States | DHS Proposes Rule to Limit Employment Authorization for Certain Nonimmigrants.” June 13, 2026.
- Department of Homeland Security. “Clarification of Discretionary Employment Authorization for Certain Aliens.” Federal Register, June 5, 2026.
- Regulatory Information Service Center (RegInfo). RIN 1615-AC98.
- Forum Together. “Policy Bulletin — Friday, June 5, 2026.”
- Immigration Impact Policy Tracking Project. “DHS Proposes Rule to Limit and Clarify Eligibility for Discretionary Employment Authorization for Certain Noncitizens.” June 2026.
- Murray Osorio PLLC. “Department of Homeland Security Proposes Rule to Limit Employment Authorization for Certain Immigrants and Nonimmigrants.” June 2026.
- United States Department of Justice, Executive Office for Immigration Review. “Federal Register Notices 2026.”
