The U.S. Department of Homeland Security (DHS) has introduced a proposed rule that would significantly restrict access to work permits (EADs) for certain immigrants, including parolees, deferred action recipients, and individuals with final removal orders.
The proposal is part of a broader effort to reduce unauthorized employment and prioritize U.S. workers.
Key Changes
1. Mandatory Economic Necessity
All applicants must prove financial need to qualify for employment authorization.
2. Stricter Discretion Standards
Work permits may be denied for individuals with:
- Criminal history
- Arrests or pending charges
- Links to gangs or security concerns
3. E-Verify Requirement for Renewals
Applicants renewing work permits must work for an E-Verify-enrolled employer, adding compliance obligations for businesses.
4. Biometrics and Background Checks
All applicants must submit biometrics for identity verification and criminal screening.
5. Shorter Validity Periods
Work permits would be limited to up to one year, with stricter renewal conditions and possible automatic termination.
Major Impact on Individuals with Removal Orders
The proposal would largely eliminate work authorization for individuals with final removal orders.
Only a narrow group (those whose removal is impracticable due to lack of travel documents) would remain eligible.
Business and Compliance Implications
- Employers may face increased turnover and hiring constraints
- Greater reliance on E-Verify compliance
- Reduced workforce availability in certain sectors
What’s Next
The rule is still in the proposal stage, with DHS accepting public comments. If finalized, it would apply to new and renewal applications moving forward.
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.