Work permits in the U.S.: DHS prepares new 'economic necessity' and E-Verify filters

The U.S. Department of Homeland Security (DHS) has put forth a proposal that could significantly alter the process for obtaining work permits. A key change involves requiring applicants to demonstrate "economic necessity" for their employment authorization. This new filter aims to ensure that work permits are granted based on genuine financial need.

Furthermore, the DHS is proposing to integrate the E-Verify system into the renewal process for existing work permits. This means individuals seeking to renew their Employment Authorization Document (EAD) may need to show they are already employed or actively seeking a position with an employer enrolled in and in good standing with E-Verify. This requirement would specifically apply to renewals, not initial applications.

The proposed rule also outlines specific situations where employment authorization might not be granted, unless there are overriding public interests. The DHS has opened the proposal for public comment, with feedback being accepted until August 4, 2026. After this period, the agency will review the comments before making a final decision on whether to implement the changes.