The Department of Homeland Security has published a proposed rule that would substantially restrict access to and renewal of employment authorization documents (EADs) for multiple noncitizen categories. The proposal affects humanitarian parolees, certain recipients of deferred action, individuals with final removal orders, and other noncitizens who currently qualify for EADs. If finalized, the changes would fundamentally alter how you advise clients on work permit eligibility, renewal timing, and long-term planning.
What changed
The proposal would largely eliminate work authorization eligibility for individuals with final orders of removal, except for a narrow group whose removal is impracticable due to lack of travel documents. Beyond removal orders, the rule imposes several other restrictions across the board:
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E-Verify mandate for renewals: Those applying for renewal of employment authorization must be employed by or seeking employment with an employer who participates in E-Verify.
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Biometrics and background checks: Applicants would be required to submit biometrics for identity verification and criminal screening.
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Shorter validity periods: Work permits would generally be limited to one year, with stricter renewal conditions and possible automatic termination.
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Economic necessity requirement: Applicants would need to prove their economic necessity to qualify for employment authorization and show that they warrant a favorable exercise of discretion.
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Heightened scrutiny for criminal history: Applicants with criminal histories, arrests, or admissions of criminal conduct would find it more difficult to obtain work authorization, unless there are significant public-interest factors that justify a favorable exercise of discretion, such as cooperation with law enforcement.
The rule is subject to a notice-and-comment period ending on August 4, 2026, and DHS must review and consider the public comments before deciding whether to issue a final rule.
Why it matters
If implemented, the changes would represent a significant shift away from broad access to employment authorization and toward a more restrictive, discretionary system, and many immigrants who rely on work permits to support themselves and their families could face increased uncertainty.
For your practice, the implications are immediate:
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Removal order clients lose work eligibility. If you have clients with final removal orders currently relying on EAD income, this proposal threatens that authorization unless they fall into the narrow impracticability exception. You need to understand and document removal impracticability grounds now, as they may become your only defense.
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Renewal strategy changes. The E-Verify requirement means clients renewing their work authorization must be placed with E-Verify-enrolled employers. This narrows the employment market and may force mid-renewal job transitions.
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Discretionary grants become harder. The economic necessity test and heightened criminal scrutiny mean that borderline cases—particularly those with any arrest history—will face much higher barriers to approval. You’ll need clearer public-interest or hardship evidence upfront.
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One-year permits create churn. Annual renewals instead of multi-year validity force clients into frequent reapplication cycles, increase processing risk, and may create employment gaps if renewals are delayed.
Way forward
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File comments now. The comment period closes August 4, 2026. Consider submitting detailed comments on behalf of clients or your firm explaining the hardship impact of the removal-order ban and the practical burden of annual renewals and E-Verify mandates.
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Document impracticability for removal clients today. For clients with final removal orders currently working on EADs, immediately gather and preserve evidence of removal impracticability (lack of country travel documents, diplomatic barriers, etc.) to position them for the narrowed exception if the rule finalizes.
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Audit client E-Verify status. Identify all clients with renewals pending or planned within the next 12 months and confirm their employers’ E-Verify enrollment status now, before the rule takes effect.
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Plan for discretionary burden. If clients have any criminal history or arrest record and seek work authorization, prepare detailed public-interest narratives (hardship, family ties, community ties, cooperation with law enforcement) well in advance of application.
Disclaimer
This article is provided for informational purposes only and is not legal advice. Fola Editorial is a software platform, not a law firm. Immigration policy can change without notice; you must verify all statements against the primary source linked above and consult with a licensed immigration attorney before advising any client. The rule described here is still in proposed form and may be substantially revised or withdrawn before finalization.