US proposes new work permit rules impacting Venezuelan migrants

The U.S. Department of Homeland Security (DHS) has put forth a proposed rule that could significantly alter the eligibility criteria for work permits, known as Employment Authorization Documents (EADs), for certain categories of migrants. Published in the Federal Register on June 5, this initiative may affect more than 118,000 Venezuelans, depending on their specific immigration statuses.

The proposed changes aim to establish common requirements for migrants seeking discretionary work authorizations. These include demonstrating economic necessity, undergoing a favorable discretionary review, providing biometric data, and ensuring their work authorization is linked to employers enrolled in E-Verify. The DHS is also proposing automatic termination clauses for EADs, which could occur if an individual receives a final administrative order of removal or if the immigration basis for their permit is canceled or denied.

For Venezuelans who entered the U.S. and received humanitarian parole under the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV) program through December 2024, the proposed rule could introduce new conditions. The DHS suggests that work permits for these individuals might be tied to proving economic need and could have a validity period of one year or the duration of their parole, whichever is shorter. Similarly, for those with deferred action, the DHS intends to strengthen USCIS's discretionary review process and limit EAD validity to a maximum of one year, though the text clarifies this does not directly alter DACA-based work authorizations.

The proposal also addresses foreigners under final orders of deportation or removal who have been released under supervision. For this group, the DHS seeks to restrict eligibility to cases where removal is deemed impracticable by the department. These proposed changes signal a significant shift in how employment authorization is granted and managed for vulnerable migrant populations within the United States.