US work permit proposal could complicate parole renewals

The U.S. Department of Homeland Security (DHS) has put forth a proposed rule that could significantly alter the process for renewing work permits for individuals holding migratory parole. Published in the Federal Register on June 5, the directive outlines changes intended to ensure that Employment Authorization Documents (EADs) are granted based on genuine economic need, verified identity, and a favorable discretionary assessment.

Under the proposed changes, applicants seeking an initial work permit under parole would need to meet new requirements, including demonstrating a real economic necessity. For those already holding an EAD through parole and seeking renewal, the most substantial shift involves a linkage to the E-Verify system. Furthermore, in compliance with H.R.1, the validity of an EAD for parolees would not exceed one year or the duration of their parole, whichever is shorter. The authorization could be terminated if the parole is canceled, expires, or is denied, or if the individual receives a final removal order.

The new regulations also specify conditions under which work authorization, whether initial or renewal, would generally not be granted. These include situations where the foreign national is in certain circumstances, unless compensatory public interests, such as cooperation with U.S. authorities, are demonstrated. The period for public comment on this proposal concludes on August 4, 2026. Following this, the DHS will evaluate all submitted opinions before making a final determination.