Immigration News - Employment Authorization Documents/Form I-765, Work authorization Trump, United States United States | DHS proposes rule to limit employment authorization for certain nonimmigrants Share this article LinkedIn Facebook X (Twitter) June 8, 2026 The Department of Homeland Security published a Notice of Proposed Rulemaking (NPRM) in the Federal Register on June 5, 2026, to clarify eligibility for discretionary forms of employment authorization and significantly limit employment authorization for certain parole-based nonimmigrants. These changes would significantly raise the bar for some applicants to obtain or renew certain Employment Authorization Documents (EADs). Key takeaways: The proposed changes would affect discretionary forms of employment authorization. This includes: Applicants for adjustment of status (C9) [e.g. I-485 green card] and asylum (C8) Spouses of H-1B workers (C26) [e.g., H-4] Parolees (noncitizens allowed to temporarily enter or remain in the United States for urgent humanitarian reasons or significant public benefit) (C11) Deferred action recipients (including DACA) (C14 and C33) Foreign nationals released from immigration detention with a final order of removal on an order of supervision (OSUP), and those granted withholding of removal or protection under the Convention Against Torture (C18) Self-petitioners under the Violence Against Women Act (C31) If finalized, the following provisions would apply: Provision Affected EADs Require all applicants to submit biometrics All discretionary EADs Have officers weigh discretion against applicants who have been “arrested for, charged with (without disposition), indicted for, or [have] been convicted of, any criminal act[,]” or who have admitted to committing a violent or dangerous crime, or for whom evidence exists that the alien is a member of a gang or terrorist organization, “unless there are significant countervailing public interests, which may include the presence of the alien in the United States to assist law enforcement activity in the United States.” All discretionary EADs EADs automatically terminate when underlying basis is terminated or denied (e.g., parole, deferred action) or administratively final removal order issued All discretionary EADs Require affirmative showing economic necessity and that applicant merits a favorable exercise of discretion Parole, deferred action (other than DACA and T visa) and OSUP-based EADs Renewal EADs require showing applicant works for or is seeking employment with an E-Verify employer in good standing Parole, deferred action (other than DACA and T visa) and OSUP-based renewal EADs Limit EAD validity to one year Deferred action (other than DACA) and OSUP-based EADs Require showing compliance with OSUP and that their removal is impracticable because all countries refuse to issue travel documents OSUP-based EADs Public comment period open. The NPRM is undergoing public comment. Until it is finalized and formally takes effect, existing regulations govern discretionary parole-based employment authorization. Written comments must be submitted on or before Aug. 4, 2026. Submission instructions can be found here. Additional information: According to the Federal Register Notice, “DHS intends for this rule to significantly restrict employment authorization that might incentivize aliens to remain in the United States after receiving a final order of removal and to strengthen protection for American workers.” This alert has been provided by the BAL U.S. Practice Group. Copyright © 2026 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.