The Department of Homeland Security (DHS) has proposed a new rule that could significantly alter the eligibility criteria for Employment Authorization Documents (EADs) starting June 5, 2026. This rule aims to impose stricter requirements for non-citizens seeking to work legally in the U.S., particularly affecting those in humanitarian and discretionary categories.
Key Details:
- Proposed rule date: June 5, 2026
- Affected groups: Individuals on parole, deferred action, or under an order of supervision
- New requirements: Applicants must demonstrate economic necessity, submit biometrics, and have no disqualifying criminal history or gang affiliations
- Discretionary approval: Officers may deny applications even if the applicant meets the criteria
The public comment period for this proposal will close on August 4, 2026, meaning current EAD holders will not be affected until any changes are finalized. This shift from an automatic benefit to a discretionary privilege could have significant implications for many non-citizens seeking work authorization in the U.S.
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Source: Andrei Solodov