USCIS Proposes Major USA Immigration Work Authorization Restrictions: What EAD Holders Must Know in 2026

If you currently hold a work permit — also known as an Employment Authorization Document (EAD) — based on parole, deferred action, or a supervisory release order, a major proposed rule from U.S. Citizenship and Immigration Services (USCIS) could significantly affect your ability to work legally in the United States. Published on June 5, 2026 in the Federal Register, this Notice of Proposed Rulemaking (NPRM) would restrict who qualifies for what are called “discretionary” employment authorization documents, and it could impact nearly one million immigrants annually.

This is not a final rule yet — it is a proposal, and the public has until August 4, 2026 to submit comments. But if finalized, the changes would be sweeping. Understanding what is being proposed, who is affected, and what you can do right now is critical if your work authorization falls under one of the categories named in this rule.

What Is a Discretionary EAD and Who Has One?

Not all work permits are the same. Some categories of immigrants receive work authorization automatically as part of their visa or status — for example, people with H-1B or O-1 visas. But other immigrants must separately apply for permission to work, and USCIS has discretion over whether to approve that request. These are called “discretionary” EADs.

The proposed rule specifically targets three major discretionary EAD categories:

• (c)(11) – Humanitarian Parolees: Immigrants who were paroled into the United States for urgent humanitarian reasons or significant public benefit. This includes large groups of nationals from Cuba, Haiti, Nicaragua, Venezuela, and others who came through parole programs.
• (c)(14) – Deferred Action Recipients: Immigrants who have been granted deferred action by USCIS or another part of DHS, meaning enforcement of their removal has been postponed. Note: DACA recipients use a separate category, (c)(33), and are not fully covered by all parts of this rule — but they are still affected by some provisions.
• (c)(18) – Orders of Supervision: Immigrants who have received a final order of removal but cannot be physically deported — often because their home country refuses to accept them — and are released under an order of supervision (OSUP). USCIS is proposing to almost entirely eliminate work authorization for this group, with only a very narrow exception.

In fiscal year 2024, USCIS received approximately 978,308 applications across these three categories. These are real people with real jobs, families, and lives built in the United States.

What Would the New Rule Change?

The proposed rule would introduce several major restrictions that go well beyond what currently applies. Here is a breakdown of the most important changes:

• Criminal history bar: The rule would bar discretionary EADs for anyone who has been arrested, charged, indicted, or convicted of any criminal act — not just serious crimes. Even minor offenses, expunged records, or charges that were dropped could trigger this bar. Admitting to a violent crime, even without any formal charges, would also disqualify someone. DHS could still grant an EAD in rare cases if there is a “significant countervailing public interest,” such as cooperating with law enforcement.
• Gang or terrorist organization membership: If DHS determines there is any evidence of gang affiliation or terrorism links, the application would be denied.
• Proof of economic necessity: Applicants under (c)(11) will now have to show they need the income — that they have a financial need to work. This requirement already exists for (c)(14) and (c)(18) but is being expanded.
• Biometrics for all applicants: All discretionary EAD applicants would be required to submit fingerprints and other biometric data, which USCIS would send to the FBI for a criminal background check. This is a new requirement for many in these categories.
• Shorter validity periods: EADs issued under the affected categories would be valid for no more than one year, requiring more frequent renewals and ongoing re-verification of eligibility.
• E-Verify requirement for renewals: When renewing an EAD, the employer hiring the immigrant must be enrolled in E-Verify, the federal electronic employment verification system. Immigrants working for employers who do not participate in E-Verify would face significant complications at renewal time.
• Near-elimination of (c)(18) EADs: For immigrants with final removal orders who are on orders of supervision, USCIS is proposing to effectively eliminate the work permit option. Only those whose home countries have formally refused to accept travel documents would qualify — a very narrow group.

How Does This Rule Affect DACA Recipients?

DACA recipients receive work authorization under a different regulatory category — (c)(33) — so the main eligibility changes in this rule do not directly apply to their DACA-based EADs. However, DACA recipients are not exempt from two of the rule’s new requirements: the criminal history bar and the biometrics submission requirement. This means that if you have a DACA EAD and you have any arrest on your record — even an old or minor one — your ability to renew your work permit could be put at risk if this rule is finalized.

It is critical for DACA holders to consult an immigration attorney to understand how these proposed changes might interact with their individual situation, especially if there is any criminal history, however minor.

What Happens If This Rule Is Finalized?

If the rule is finalized as proposed, USCIS has indicated it would apply only to initial and renewal EAD applications filed on or after the effective date of the final rule. This means your current, valid EAD would remain in effect until it expires. However, when it is time to renew, you would be subject to the new rules.

For immigrants currently working under a (c)(11), (c)(14), or (c)(18) EAD, this could mean:

• Being required to submit biometrics — including going to an Application Support Center (ASC) appointment — before renewal is approved.
• Proving you have a financial need to work.
• Ensuring your employer is enrolled in E-Verify before filing a renewal.
• Facing denial if there is any criminal history on record, including charges that were dismissed or expunged.
• Having your EAD automatically terminated if your underlying parole or deferred action is revoked, or if you receive a final order of removal.

What You Can Do Right Now

Since this is still a proposed rule, there are meaningful steps you can take today:

• Submit a public comment: The comment period is open until August 4, 2026. Anyone can submit comments at regulations.gov using Docket No. USCIS-2026-0067. Immigration organizations, community groups, employers, and individuals are all encouraged to comment. Comments that are specific, detailed, and data-driven carry the most weight.
• Consult an immigration attorney: If you currently hold a discretionary EAD, now is the time to review your situation with a qualified immigration lawyer. They can help you understand whether you are at risk, whether there are alternative paths to work authorization, and what your options are under current law while the rule is still pending.
• Check your criminal record: If there is any arrest, charge, or legal issue in your background — no matter how old or minor — consult an attorney about how this rule might treat it. The proposed rule is unusually broad in this respect.
• Talk to your employer: If your employer is not yet enrolled in E-Verify, this may matter for your future EAD renewals. Alert your HR department and encourage them to register in advance.
• Keep your documents up to date: Make sure your address and contact information with USCIS are current, since notices about your case will be sent to the address on file.

The proposed rule represents one of the broadest restrictions to discretionary employment authorization in recent memory. According to the American Immigration Lawyers Association (AILA), the full proposed rulemaking was published as 91 FR 34352 on June 5, 2026, and spans 127 pages of regulatory text and analysis. For the full details and legal guidance, visit the American Immigration Lawyers Association at aila.org or consult a qualified immigration attorney.

Immigrants and their families deserve accurate, clear information about rules that could affect their livelihoods. Share this article with anyone you know who may hold a discretionary work permit. The deadline to comment is August 4, 2026 — every voice matters in this process.