USCIS has proposed a rule that would significantly tighten who can obtain employment authorization on a discretionary basis. Published in the Federal Register on June 5, 2026 (91 FR 34352, RIN 1615-AC98), the Notice of Proposed Rulemaking, “Clarification of Discretionary Employment Authorization for Certain Aliens,” is open for public comment through August 4, 2026.
The proposal targets three categories of applicants who currently may qualify for an Employment Authorization Document (EAD) as a matter of discretion: individuals paroled into the United States for urgent humanitarian reasons or significant public benefit; individuals granted deferred action; and individuals with a final order of removal who have been temporarily released under an order of supervision (OSUP).
Under the proposed framework, applicants in these categories would no longer be presumed eligible. They would have to affirmatively demonstrate economic necessity and show that they “warrant a favorable exercise of discretion.” DHS further proposes that applicants who admit to, have been arrested for, or have been convicted of certain criminal acts would generally not merit a favorable exercise of discretion — absent significant countervailing public interests such as cooperation with law enforcement.
Two structural changes stand out. First, all discretionary work permits covered by the rule would be capped at a maximum validity of one year, requiring more frequent renewals. Second, the rule adds new triggers for automatic termination of an EAD, meaning authorization could end before its stated expiration date if the underlying basis changes.
The rule does not affect employment authorization tied to nonimmigrant status such as H-1B, or EADs based on a pending adjustment of status (Form I-485) — categories that most employment-based green card applicants rely on. But it signals a broader move toward treating work authorization as a closely scrutinized, revocable benefit rather than a routine grant. Affected individuals and employers can submit comments via Regulations.gov (docket USCIS-2026-0067) before the August 4 deadline.
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Source: Web (Federal Register / AILA)