The U.S. Department of Homeland Security (DHS) has introduced a proposed regulation that could significantly limit the issuance and renewal of work permits for certain groups of immigrants who are currently eligible to obtain them through discretionary categories.
The measure has not yet taken effect. It is currently in a 60-day public comment period that began on June 5 and has raised concerns among immigrant rights advocates and affected communities.
Immigration attorney Yesenia Polanco, of Polanco Law, told Enlace Latino NC that the proposal seeks to tighten the criteria the U.S. Citizenship and Immigration Services (USCIS) uses to approve employment authorization applications based on administrative discretion.
Proposed changes
According to the attorney, some individuals are currently eligible to apply for work permits under categories that depend on a discretionary determination by the government. Under the proposed rule, USCIS would have to evaluate additional factors before approving or renewing those authorizations.
“Among the factors DHS proposes to consider are economic need, humanitarian reasons, criminal history, compliance with immigration laws, and other elements related to public safety,” Polanco said.
The proposal would expand verification and evaluation requirements for numerous applications, which could make it more difficult to obtain or maintain employment authorization.
The proposal introduces stricter scrutiny of applicants’ criminal histories, establishing that arrests, convictions, or evidence of ties to gangs or terrorism would generally disqualify applicants unless there is a compelling public interest, such as cooperation with law enforcement.
In addition, it would reduce the duration of many work permits to a maximum of one year and require applicants seeking renewals to work for employers enrolled in the federal E-Verify system.
Who would be affected?
According to Polanco, the regulation would primarily affect immigrants who are currently eligible to apply for work permits through discretionary benefits, such as those granted humanitarian parole, deferred action (except DACA), or those who remain in the country under an order of supervision following a final order of removal.
DHS data indicate that during fiscal year 2024, 978,308 employment authorization applications were processed in the affected categories, including:
- 792,130 applications related to humanitarian parole.
- 153,154 deferred action applications.
- 33,024 applications related to orders of removal.
Polanco clarified that the proposal would not automatically eliminate existing work permits. However, she warned that individuals who currently hold valid employment authorization could face difficulties when the time comes to renew it if they do not meet the new criteria.
DHS work permits, known as Employment Authorization Documents (EADs), are requested through USCIS by filing Form I-765. These permits allow eligible immigrants to work legally in the United States.
It is not yet a final rule
The attorney emphasized that the proposal is still in its preliminary stages and could still be modified.
“This regulation has not yet taken effect. Under the federal administrative procedure, agencies must publish proposed regulations and allow the public, organizations, attorneys, businesses, academics, and affected individuals to submit written comments,” she explained.
During the next 60 days, DHS will receive comments both supporting and opposing the proposal. Afterward, the agency will be required to review and respond to significant arguments before issuing a final rule.
Polanco said that after reviewing the comments received, DHS could adopt the regulation as proposed, modify some of its provisions, or even withdraw parts of the proposal.
Possible effects on the immigration system
Polanco said that if approved, the measure would significantly increase the level of discretion exercised by USCIS officers, which could result in a reduction in the number of immigrants authorized to work legally under these categories.
“For many applicants, obtaining or renewing a work permit would become more difficult and uncertain. From the immigrants’ perspective, this could lead to longer periods without employment authorization, loss of income, and greater financial dependence on family members or sponsors,” she warned.
Likewise, from an administrative perspective, USCIS would have to conduct more complex, case-by-case analyses, which could result in longer processing times and an increase in litigation challenging work permit denials.
Economic impact
The proposal has raised concerns among experts and immigrant advocacy organizations, which believe that restricting work permits could increase the economic vulnerability of affected individuals and force them into informal labor markets.
“Threatening the work permits of tens of thousands of legal workers would create and worsen problems for businesses, communities, and the U.S. economy. This rule would further restrict legal immigration and could exacerbate labor shortages, disrupt economic stability, and hinder growth in sectors that rely heavily on immigrant labor,” Jennie Murray, president of the National Immigration Forum, said in a statement.
DHS itself estimates that the proposal could generate economic impacts ranging from $9.1 billion to $27.9 billion over the next 10 years due to lost earnings for affected workers, higher administrative costs, and potential difficulties for businesses in filling job vacancies.
A more restrictive trend
Polanco noted that this proposal differs from another proposal introduced by DHS in February 2026 to restrict work permits for asylum applicants. However, she believes both initiatives reflect the same policy direction.
“Both proposals show a trend by the current administration toward a more restrictive interpretation of employment authorization for individuals who do not have permanent immigration status,” she said.
The attorney recommended that people who could be affected stay informed and consult immigration professionals to assess how a potential regulatory change could affect their individual cases.
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