DHS proposed stricter rules for work permits for certain immigrant categories

DHS has published a proposed rule that could restrict obtaining and renewing work permits for certain foreign nationals.

The document is titled “Clarification of Discretionary Employment Authorization for Certain Aliens.” At this stage, it is a proposed rule, not a final change. Publication in the Federal Register is scheduled for June 5, 2026, after which comments will be accepted for 60 days.

The main point: this rule does not apply to all work permits. The primary focus is on three categories:

• parole - temporary permission to enter or remain in the United States;
• deferred action - deferred action;
• order of supervision - ICE supervision for people with a final order of removal.

DHS proposes that these applicants should not simply file Form I-765, but should separately prove:

• that they truly need to work for economic reasons;
• that they deserve a favorable decision as a matter of USCIS discretion;
• for renewals - that they are working or seeking work with an employer participating in E-Verify.

DHS also proposes a stricter approach for people with criminal history. If a person has had an arrest, charge, indictment, or conviction, or if there is information about gang or terrorist organization involvement, USCIS generally should not approve a work permit unless there are significant public interest reasons.

Another important change is automatic termination of employment authorization. DHS proposes that a work permit would automatically end if the person receives a final order of removal or if the basis for the work permit is terminated or denied.

What this means in practice

If the rule becomes final, some people in these categories may lose the ability to obtain or renew a work permit. The process may also become more difficult: more evidence, biometrics, criminal history review, discretionary analysis by USCIS, and dependence on an employer participating in E-Verify.

Important: this is not a final rule and it has not taken effect right now. This document also is not the main rule for asylum applicant work permits under category (c)(8). DHS separately notes that changes for that category are being considered through a separate process.

Bottom line: DHS continues to limit discretionary work permits. For now, this is only a proposed rule, but if adopted, it could seriously affect people with parole, deferred action, and final order of removal / order of supervision.

Sources: Newsweek, Federal Register Public Inspection PDF.

Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. Translations are provided for convenience and may contain errors or omissions. For guidance on your specific situation, always consult official sources or a qualified attorney.