DHS Clarifies Discretionary Work Permits for Certain Aliens
Published Date: 6/5/2026
Proposed Rule
Summary
The Department of Homeland Security wants to clear up who can get special work permission if they’re temporarily allowed in the U.S. for urgent reasons, have deferred action, or are released under supervision. They’re also tightening rules for people with certain criminal records, unless helping law enforcement is involved. You’ve got until August 4, 2026, to share your thoughts—no fees or costs change yet, just a heads-up on new rules.
Analyzed Economic Effects
7 provisions identified: 0 benefits, 7 costs, 0 mixed.
Tighter Rules for OSUP-based EADs
If you have a final removal order and are released on an order of supervision (OSUP) and you apply for an EAD under 8 CFR 274a.12(c)(18), DHS would limit eligibility to those for whom removal is impracticable because all countries DHS requested travel documents from have failed to issue them. USCIS would no longer generally grant (c)(18) EADs without that individualized determination.
Criminal History Bar to Discretionary EADs
If you applying for a discretionary EAD admit to, were arrested for, charged with, indicted for, or convicted of any criminal act, or admit committing a violent or dangerous crime, or there is evidence you’re in a gang or terrorist organization, DHS generally will not favorably exercise discretion to grant the EAD. The rule allows a narrow exception only when there are significant countervailing public interests, which may include assisting law enforcement.
DHS Economic Impact Estimates
DHS estimates the rule could reduce the number of eligible discretionary EADs and cause lost earnings and employer costs. DHS quantified 978,308 FY2024 discretionary EAD applications in the affected categories and estimates 10-year undiscounted direct costs between $9.1 billion and $27.9 billion, annualized at a 3% discount rate between $920.5 million and $2.8 billion, and a 10-year maximum transfer of employment taxes of $2.9 billion (about $298.2 million annualized at 3%).
New Discretionary Eligibility Tests
If you apply for a discretionary work permit under 8 CFR 274a.12(c)(11), (c)(14), or (c)(18), DHS would require you to show you "warrant a favorable exercise of discretion" and to show an economic necessity for employment. The rule says these tests will apply to parolees, deferred action recipients, and many people on orders of supervision; the proposed change to (c)(14) would not apply to DACA-based EADs or certain T-visa applicants, though criminal and biometrics requirements do apply to those groups.
Shorter EAD Validity and Automatic Termination
DHS intends to shorten the validity of impacted discretionary EADs to not more than one year and to automatically terminate an EAD when the holder has an administratively final order of removal or when the underlying basis for the EAD (for example, parole or deferred action) is terminated or denied. H.R.1 (signed July 4, 2025) already limits parolee EAD validity to one year or parole duration, whichever is shorter.
E-Verify Requirement for Renewal Applicants
If you seek renewal of an EAD under (c)(11), (c)(14), or (c)(18), DHS would require that you be employed by, or seeking employment with, a U.S. employer who is a participant in good standing in the E-Verify program. Employers who hire or retain these renewal applicants may need to enroll in and maintain E-Verify in order for those employees to remain eligible.
Biometrics and Identity Checks Required
DHS would require all applicants for discretionary employment authorization under 8 CFR 274a.12(c) to submit biometrics and have their identity validated before USCIS issues an EAD; USCIS will submit biometrics to the FBI for a criminal history check. This biometric requirement is generally applicable to all discretionary EAD categories unless specifically exempted.
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Key Dates
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