A rule change the Department of Homeland Security proposed in June would — in part — halve the work permit renewal period for certain groups of immigrants with no permanent status. If finalized, this proposed rule would affect hundreds of thousands of DACA recipients by shortening their biennial renewal cycle, adding new eligibility tests, and increasing both the complexity and cost of maintaining work authorization.
What changed
On June 5, 2026, the Department of Homeland Security published a notice of proposed rulemaking titled “Clarification of Discretionary Employment Authorization for Certain Aliens.” Work permits would generally be limited to one year, with stricter renewal conditions and possible automatic termination.
The proposal introduces several new requirements for certain employment authorization categories, including a new economic necessity test would require workers in all three categories to demonstrate financial need before receiving or renewing a work permit, and a biometric requirement would require every worker applying for a work permit in these categories to submit fingerprints and photographs for Federal Bureau of Investigation (FBI) criminal history checks before receiving authorization (applies to DACA).
Additionally, DHS would also require those applying for renewal of employment authorization to be employed by or seeking employment with an employer who participates in E-Verify.
The Associated Press reported in May that the DACA renewal process was experiencing long delays not seen in about a decade. From October 2025 to the end of February 2026, the median wait time for renewals was about 70 days, compared with about 15 days in fiscal year 2025, according to USCIS. This is the longest median wait time since 2016.
Why it matters
Current DACA work permits are issued for two-year periods. Having to renew her work permit every year would increase uncertainty, she said. “Every day you’re going to be living on the worry of ‘if I’m going to be approved.’” She said that the roughly $500 fee for the permit would also further stretch her limited finances.
Annual renewals will double the compliance burden for practitioners and clients. Every DACA case will require annual preparation and submission rather than biennial review, and applicants will face annual fees—currently approximately $500 per renewal—doubling the cost over a two-year cycle.
The economic necessity requirement adds a new substantive hurdle. Applicants in these categories will be required to submit extensive financial data (such as bank statements and asset evaluations) to prove a strict, immediate economic need to work. This shifts the burden from automatic eligibility to discretionary review on an individual basis.
The E-Verify mandate means that any DACA recipient whose employer has not enrolled in E-Verify faces legal inability to renew. If the employer does not use E-Verify, the employee will be legally blocked from renewing their work permit. For employers and workers in sectors with low E-Verify participation, this creates practical barriers to compliance.
Way forward
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Advise DACA clients immediately to renew before August 4, 2026 if their current authorization expires within the next 12–18 months. Annual renewals will not take effect until the rule is finalized (if it is), but accelerating renewals now while the two-year cycle remains in effect provides a safety margin.
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Monitor the Federal Register and regulations.gov for finalization of this rule. The public comment period on this proposed rule is open until midnight on August 4th, 2026. If you represent DACA recipients or advocacy organizations, submit detailed comments on the economic necessity test, biometric burden, and E-Verify mandate before the deadline.
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Audit employer E-Verify enrollment for every current and prospective DACA client. Require employers to enroll before any renewal filing, or counsel clients to seek employment with E-Verify-participating employers to avoid future renewal denial.
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Document financial necessity evidence now for clients who may fall on the margin of economic hardship. Gather recent tax returns, pay stubs, household budgets, and affidavits of support while records are current. If the rule is finalized, this documentation will be necessary for renewal.
Disclaimer
This article is provided for informational purposes and does not constitute legal advice. The information is current as of the publication date, but immigration law and policy change frequently without notice. You must verify all claims against the primary source linked above and consult a licensed immigration attorney before making filing decisions or advising clients. DHS may modify, withdraw, or finalize this proposed rule at any time; practitioners should monitor the Federal Register and official DHS announcements for updates.