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.
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Department and Agencies
Related Federal Register Documents
2026-14439, Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media
Starting September 15, 2026, students, exchange visitors, and foreign media reps will get a fixed time to stay in the U.S. instead of an open-ended status. This change helps the government keep better track of who’s following the rules and makes extending stays clearer. It affects F, J, and I visa holders and could mean more careful planning and paperwork, but no new fees are mentioned.
2026-13392, EB-5 Reform and Integrity Act of 2022; Ensuring the Integrity of the EB-5 Program; Automatic Revocation of Petitions for Immigrant Classification
The EB-5 Reform and Integrity Act of 2022 shakes up the investor visa program by making sure only serious investors who create real jobs get green cards. It affects foreign investors and regional centers, adds new rules to stop fraud, and sets a deadline for public comments by August 31, 2026. This means more trust and transparency in the program, with changes rolling out soon and investments under closer watch.
2026-13137, Marine Casualty Reporting on the Outer Continental Shelf
Starting July 30, 2026, companies working on the Outer Continental Shelf must report marine accidents based on who’s involved, not just where they happen. The rule raises the damage cost that triggers a report from $25,000 to $75,000, saving businesses money and making rules clearer and fairer. This change cuts industry costs by over $10,000 in 10 years and aligns U.S. rules with international standards for offshore activities.
2026-09007, Fee Adjustment for U.S. Immigration and Customs Enforcement Form I-246, Application for a Stay of Deportation or Removal
If you’re applying to pause your deportation or removal with Form I-246, get ready for a fee jump from $155 to $755! This change helps cover the real costs since the fee hasn’t changed since 1989. You’ve got until July 6, 2026, to share your thoughts before the new fee kicks in.
2026-08699, Shipping Safety Fairways Along the Atlantic Coast
The Coast Guard is making the Atlantic Coast safer for ships by setting up special shipping lanes from New York to Florida. They’re reopening the comment period until June 22, 2026, so everyone can share their thoughts before the rules are finalized. This affects ship operators and coastal communities, aiming to keep sea travel smooth and safe without extra costs right now.
2025-19747, Collection and Use of Biometrics by U.S. Citizenship and Immigration Services
The U.S. Citizenship and Immigration Services (USCIS) wants to update how they collect and use biometrics—like fingerprints and DNA—from anyone applying for immigration benefits, no matter their age. They’re also expanding when and how they collect this info, including after arrests, and setting new rules for special cases like VAWA and T visa applicants. If you want to share your thoughts, you’ve got until January 2, 2026, to speak up!
Previous / Next Documents
Previous: 2026-11218, Airworthiness Directives; Airbus SAS Airplanes
If you fly or maintain Airbus A330-841 and -941 planes, listen up! The FAA wants to update safety rules by requiring software updates and new checks on engine parts to keep flights safe. These changes replace some old fixes and must be done soon, but they’ll help avoid costly problems down the line.
Next: 2026-11297, Rescission of Historic Preservation Requirements of the Urban Development Action Grant Program
The Advisory Council on Historic Preservation is planning to remove old rules that required historic preservation checks for Urban Development Action Grants. This change affects communities and developers using these grants, speeding up projects by cutting red tape. Comments on this proposal are open until July 6, 2026, so now’s the time to weigh in!