Proposed rule to restrict discretionary work permits for parolees, deferred-action holders, and people on orders of supervision

Status: Awaiting decision — Clarification of Discretionary Employment Authorization for Certain Aliens (NPRM) (DHS Docket No. USCIS-2026-0067; RIN 1615-AC98; 91 FR 34352 (June 5, 2026); FR Doc. 2026-11285)

This is a proposed rule (a Notice of Proposed Rulemaking, or NPRM), not a law or a final rule. USCIS published it in the Federal Register on June 5, 2026 (91 FR 34352) and opened a public comment period that runs through August 4, 2026. Nothing has changed yet: current work permits and the current application rules remain in place unless and until DHS reviews the comments and issues a final rule. There is no court case and no vote associated with this action at this stage.

Next step: The public comment period closed August 4, 2026. DHS is reviewing comments and may issue a final rule — that is now the thing to watch; the changes do not take effect unless and until a final rule is published with an effective date.

Last editorial review: 2026-08-26 — status can change with a single court ruling. Official source.

What’s happening

This is a proposed rule (a Notice of Proposed Rulemaking, or NPRM), not a law or a final rule. USCIS published it in the Federal Register on June 5, 2026 (91 FR 34352) and opened a public comment period that closed August 4, 2026. Nothing has changed yet: current work permits and the current application rules remain in place unless and until DHS reviews the comments and issues a final rule. There is no court case and no vote associated with this action at this stage.

Who it affects

The proposal would change how discretionary Employment Authorization Documents (EADs, or work permits) are granted and renewed for three groups of people already in the United States: (1) people paroled into the country for urgent humanitarian reasons or significant public benefit, such as CHNV (Cuban, Haitian, Nicaraguan, and Venezuelan), Ukrainian, and Afghan parolees; (2) people granted deferred action; and (3) people with a final order of removal who are released on an order of supervision, including some with deferral or withholding of removal under the Convention Against Torture. These work permits are not automatic today either — all three sit in 8 CFR 274a.12(c), the list of “aliens who must apply for employment authorization,” and deferred action under (c)(14) already requires showing economic necessity while an order of supervision under (c)(18) is already granted only as a matter of discretion. What the rule would change is how demanding and how uniform that review becomes: it would apply case-by-case discretionary review across all three categories, generally require a showing of economic necessity, require biometrics with each application, add criminal-history and gang-affiliation screening, and shorten EAD validity to generally no more than one year — placing the burden on the applicant to keep proving eligibility more often. USCIS reports these categories filed 978,308 EAD applications in 2024 and estimates a 10-year economic impact of roughly $9.1 billion to $27.9 billion. This does not cover asylum-based work permits under a separate category, and it is a proposal only.

How it got here

  1. Jun 5, 2026 USCIS published the proposed rule (NPRM) in the Federal Register at 91 FR 34352 (pages 34352-34478), opening a public comment period.
  2. Aug 4, 2026 Deadline for the public to submit written comments through regulations.gov under DHS Docket No. USCIS-2026-0067.

What to watch next

The public comment period closed August 4, 2026. DHS is reviewing comments and may issue a final rule — that is now the thing to watch; the changes do not take effect unless and until a final rule is published with an effective date.

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.